Terms of Use

Last Modified: May 31, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Divmont LLC d/b/a nodedata.io (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of nodedata.io (the “Website”), including any content, functionality, software, and services offered on or through nodedata.io (collectively with the Website, the “Services”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use our Services. By using our Services or by clicking to accept or agree to the Terms of Use if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https:/nodedata.io/privacy-policy, 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 our Services.

Our Services are offered and available to users who 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.

If you are registering to use our Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.

If you use our Website on behalf of another person or entity: (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

Additionally, in order to use our Services, you must not: (a) have previously been suspended or removed from using our Services and (b) be violating any other agreement to which you are a party by agreeing to these Terms.

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 our Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on our Services.

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

Accessing our Services and Account Security

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

You are responsible for both:

  • • Making all arrangements necessary for you to have access to the Services.
  • • Ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and comply with them.
  • To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our Services that all the information you provide on our Services is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features of the 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.

    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 this 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 for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

    Our Services may integrate into existing networks, on-premise resources, cloud resources, SaaS applications, other network components, authentication components, and/or physical or virtual servers. You agree we shall not be responsible for the internal network routing, firewall rules, security configurations, and/or any other internal configuration required to route network traffic from/to the Services.

    You further acknowledge and agree we shall not be held responsible for networking and/or security configurations done within your resources and/or networks and such configurations will be your sole responsibility.

    API Terms

    You may send data to your account and access your account data via an API. Any use of the API, including use of the API through a third-party product that accesses the Services, is bound by these Terms.

    Abuse of the Services via the API may result in the temporary or permanent suspension of your account's access to the API or your account itself. The Company, in our sole discretion, will determine abuse or excessive usage of the API. We reserve the right to immediately disable or throttle your API in our sole discretion for any or no reason.

    We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to our API (or any part thereof) with or without notice.

    Subscriptions and Other Terms and Conditions

    Subscription Plans

    We offer several subscription plans for the provision of the Service (each a “Subscription Plan”).

    The price for each respective Subscription Plan is based on the length and features of such Subscription Plan (the “Price”).

    Subscription Plans and the applicable Price thereof are subject to change by us, without liability to us or any prior notice required. Any additional and/or future services may not be included in the Price, at our sole discretion.

    The term of each Subscription Plan will begin when your payment clears and end at the end of the Billing Cycle (defined below) of the Subscription Plan. Any reversal of payment will result in the immediate termination of the Subscription Plan and void any credits and/or discounts and/or any commitments provided by us.

    Automatic Renewal

    Subscriptions for services (each a “Subscription Plan”) are charged on a monthly or yearly basis (the “Billing Cycle”). Billing Cycles start on the date of your purchase and, at the end of the current Billing Cycle, your Subscription Plan will automatically be renewed for successive terms on the applicable monthly or yearly basis unless you cancel your Subscription Plan in advance of the renewal date. You are responsible for keeping payment information in relation with your account up to date.

    We may from time to time, increase fees or cancel offered Subscription Plans to enter into effect upon the subsequent billing cycle, in such event we will provide you at least 30 days’ written notice of such price increase and offer you the option to cancel the Subscription Plan prior to such billing cycle.

    Payments

    Once you shall choose your Subscription Plan as above, and in consideration thereof, you shall be required to choose a method for payment from third-parties payment processors that are external to our Site (such as payment via credit card, ACH, or others) (the “Third Party Payment Processors”). All payments are recurring (i.e., shall be automatically renewed at the end of the Billing Cycle of your Subscription Plan). You shall be solely liable for any fees, commissions, or rates of the Third-Party Payment Processors.

    It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. Sales tax, Value Added Tax and other taxes may be added to your Subscription Plan payments to the extent applicable (as determined by us).

    In the event that you are required to deduct or withhold taxes of any kind from payments you make pursuant to a Subscription Plan, such withheld amount shall be grossed up and incurred solely by you, and the amount paid by you to the us on account of your Subscription Plan shall equal the amount which would have been received by us had such payment been made free of such tax deduction or withholding.

    We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

    From time to time, we may offer promotions on the Website of elsewhere through our Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

    Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) any credit card information or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your order.

    Refund Policy

    If you are not satisfied with our services (and, for users of our API service, your API usage does not exceed 20% of the monthly API limit allowed under your current Subscription Plan), you may cancel your subscription within seven (7) days of the initial purchase and receive a full refund. To request a refund, please contact us via our contact page. Notwithstanding the foregoing, we reserve the right to refuse any refund if we determine, in our sole discretion, that you are engaging in fraud, abuse, or other manipulative behavior with regard to our refund policy.

    After the abovementioned seven- (7-) day period, purchases are generally non-refundable and any refund or credit given will be at the sole discretion of the Company. Paid accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund.

    If the Company chooses to issue a refund for any reason, the Company will only refund to your original payment method in the original currency of payment.

    If you fail to fulfill your obligation of payment as a user of a paid account, we may suspend your account or delete it after an extended period of default.

    If you rely on dispute or chargeback mechanisms of third-party payment processors, you waive your right to the above mentioned refund from the Company. Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorize the Company to charge that amount on your account.

    Additional terms and conditions may also apply to specific portions, services, or features of our Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

    Service Level Agreement

    The Company aims to provide Service availability of 99.9% or better. If downtime in any month exceeds 0.1% of that month, the Company will credit your account at your request in a pro-rated amount to be determined in our sole discretion. You may request a credit by contacting us via our contact page, and any such service credits will apply toward the balance due at the end of your next Billing Cycle (either monthly or yearly).

    Some performance issues are excluded from downtime calculations, such as:

  • • Issues caused by factors outside of the Company’s reasonable control and Force Majeure Events (defined below);
  • • Issues that resulted from any actions or inaction by a user or a third party;
  • • Issues that resulted from your equipment and/or third-party equipment that is not within the primary control of the Company. For the avoidance of any doubt, we do not provide any internet or network services and any performance issues related to that type of services shall be deemed not in the primary control of the Company;
  • • Issues that arise from our suspension or termination of your rights to use our Services in accordance with the Terms;
  • • Downtime caused by reasonable scheduled maintenance that is announced in advance.
  • Intellectual Property Rights

    The Services and their 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 and all user manuals, handbooks, and guides relating to the Services provided by through the Services) 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.

    The Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. When using a free version of the Services, this license is strictly limited to your personal, non-commercial use, in the manner permitted by these Terms. When using a paid version of the Services, this license is extended to include your commercial use, subject to these Terms.

    You are not permitted to and agree not to sell, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or embodied in the Services, except as follows:

  • • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • • You may print or download one copy of a reasonable number of pages of the Website for your own internal, non-commercial use and not for further reproduction, publication, or distribution.
  • • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • You must not:

  • • Modify copies of any materials from this Website or Service.
  • • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of the Terms of Use, your right to use the Services will stop 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 Services or any content of the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the 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.

    License to Use Your Data

    You hereby grant us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display any information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on your behalf through the Services (collectively, “Your Data”) and perform all acts with respect to the Your Data solely and strictly as may be necessary for us to provide you with the Services you have requested.

    Aggregated Statistics

    Notwithstanding anything to the contrary in these Terms, we may monitor your use of the Services and collect and compile data and information related to your use of the Services in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between the Company and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by the Company. You acknowledge that we may compile Aggregated Statistics based on Your Data input into the Services. You agree that the Company may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you or your confidential information.

    Feedback

    If you or any of your employees or contractors sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), We are free to use such Feedback irrespective of any other obligation or limitation between you and the Company governing such Feedback. You hereby assigns to us on your behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and the Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

    Trademarks

    The Company’s 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 Website are the trademarks of their respective owners.

    You hereby grant the Company a limited, non-exclusive, worldwide, perpetual right to use your logos and trademarks in any of Company’s marketing and promotional materials solely for the purpose of identifying you as a customer and promoting our business, including but not limited to on our Website. You may opt out of this license grant by notifying us via email of your intent to opt-out via our contact page.

    Prohibited Uses

    You may use our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use 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).
  • • 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.
  • • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • • To transmit, or procure the sending of, any advertising or promotional material to person that have not agreed in writing to receive such material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • • To trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords, including, without limitation, to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • • To make improper use of our support services or submit false reports of abuse or misconduct.
  • • To access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas, including, without limitation, creating multiple accounts to bypass service limitations or avoid fees using our free trial offerings.
  • • To share, publish, or otherwise make your API key available to anyone outside of your organization.
  • • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
  • Additionally, you agree not to:

  • • Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • • Except as allowed with regard to your use of the API pursuant to the terms of your Subscription Plan, use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on the Services.
  • • Except as allowed with regard to your use of the API pursuant to the terms of your Subscription Plan, use any manual process to monitor or copy in an unreasonable or excessive fashion, as determined in our sole discretion, any of the material from the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent, including, without limitation, using any method to systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein.
  • • Copy or adapt the software comprising or in any way making up a part of the Services.
  • • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • • Use any device, software, or routine that interferes with the proper working of the Services.
  • • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services.
  • • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • • Otherwise attempt to interfere with the proper working of the Services.
  • User Contributions

    The Services may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

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

    Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our Services, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material as necessary to provide you with the Interactive Services.

    You represent and warrant that:

  • • 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 licensees, successors, and assigns.
  • • 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 our Services.

    Monitoring and Enforcement; Termination

    We have the right to:

  • • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • • 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, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
  • • 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.
  • • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.
  • • Terminate or suspend your access to all or part of the Services 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 Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

    However, we cannot review material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. 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 and use of Interactive Services. 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:

  • • 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 and 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.
  • • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Copyright Infringement

    Reporting Claims of 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 Website infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • • Your physical or electronic signature.
  • • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
  • • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • • A statement that the information in the written notice is accurate.
  • • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • Our designated copyright agent to receive DMCA Notices is via our contact page.

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Counter Notification Procedures

    If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • • Your physical or electronic signature.
  • • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
  • The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

    Please be aware that if you knowingly materially misrepresent that material or activity on our Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Repeat Infringers

    It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

    Linking to our Services and Social Media Features

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

    This Website may provide certain social media features that enable you to:

  • • Link from your own or certain third-party websites to certain content on this Website.
  • • Send emails or other communications with certain content, or links to certain content, on this Website.
  • • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
  • You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • • Establish a link from any website that is not owned by you.
  • • Cause the Services or portions thereof to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • • Link to any part of the Services other than the homepage.
  • • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
  • You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

    Reliance on Information Posted

    The information presented on or through our Services 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 to the Website or user of the Services, or by anyone who may be informed of any of its contents.

    This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

    Changes to our Services

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

    Information About You and Your Visits to the Website and Use of the Services

    All information we collect on this Website and through the use of our Services is subject to our Privacy Policy. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    Links from our Services

    If our Services contains link 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

    Geographic Restrictions

    The owner of the Services is based in the State of California in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    Export Regulations

    You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Services or any of Your Data outside the US.

    Force Majeure

    We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), distributed denial-of-service attack, viruses, or other technologically harmful actions, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage (each a “Force Majeure Event”).

    Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Services 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 SERVICES OR ANY SERVICES OR SOFTWARE OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE, SOFTWARE, OR CONTENT LINKED TO IT.

    YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY INDIVIDUAL SERVICES OR SOFTWARE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY INDIVIDUAL SERVICES OR SOFTWARE 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 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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, AND ANY INDIVIDUAL SERVICES OR SOFTWARE OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES, OUR WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THEIR CONTENT, AND ANY INDIVIDUAL SERVICES OR SOFTWARE OBTAINED THROUGH THE WEBSITE 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 COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST SIX (6) MONTHS OUT OF WHICH LIABILITY AROSE.

    The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

    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 Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Services, or any claim that Your Data, or any use of Your Data in accordance with this Agreement, infringes or misappropriates any third party’s intellectual property rights.

    Governing Law and Jurisdiction

    All matters relating to the Services 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

    Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use 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.

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

    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, and our Privacy Policy constitute the sole and entire agreement between you and nodedata.io regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

    Your Comments and Concerns

    All other feedback, comments, requests for technical support, and other communications relating to our Services should be directed to our contact page.