Good Judgment Client Dashboard Website
Last updated: January 4, 2018
1. AcceptanceThe Good Judgment Client Dashboard website at www.goodjudgment.com/analytics (the "Site"), any mobile-optimized version, and other contents and services thereof (collectively the "Service"), are operated by or on behalf Good Judgment Inc. (collectively, "us", "we", "GJ" or the "Company"). By accessing or using the Service, you ("you", "your", or the "User") signify that you have read, understand and agree to be bound by these Terms of Service ("ToS"), whether or not you are a registered member of the Site.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this ToS at any time without further notice. If we do this, we will post the changes to this ToS on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new ToS. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or of any service, content, feature or product, in whole or in part. If you do not agree to abide by these or any future ToS, do not use or access (or continue to use or access) the Service.
2. Intended UsersThis Site is intended solely for users who are 18 years of age or older. By using the Service, you represent and warrant that you are 18 or older, and that you agree to abide by all of the terms and conditions of this ToS. You may use the Service only if you can form a binding contract with GJ, in compliance with this ToS.
3. RegistrationIn consideration of your use of the Service, you agree to: (a) provide accurate, current and complete information about you, as may be required or as you choose to provide on any registration or user profile form on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data to keep it accurate, current and complete; and (d) be fully responsible for all use of your User account and for any actions that take place using your User account.
You agree that your User account is specific to you as an individual and may not be shared or used by anyone other than you. Your User account also may not be transferred to any other unauthorized individuals. You shall be solely responsible for maintaining the confidentiality of your password.
You shall immediately notify GJ of any known or suspected unauthorized use(s) of your User account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage and activity on your User account, including, but not limited to, use of the User account by any third party authorized by you to use your User account name and password.
4. Content Available through the SiteA. We provide users of the Site and/or Service with access to certain content and services related to forecast trends, which may include, without limitation, reports and downloadable presentation materials (such content and services also part of the "Content").
B. You agree that you must evaluate, and bear all risks associated with, the use of any Content. The content provided through the Site and/or or in connection with the Service is designed to provide practical and useful information on the subject matter covered.
C. You are not entitled to rely on any Content, and under no circumstances will GJ, its affiliates, or partners be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Site. None of the information contained in this Site constitutes a recommendation, solicitation or offer by GJ, its affiliates, and partners to buy or sell any financial instruments or provide any investment advice or service. The information contained in this Site has been prepared without reference to any particular user’s investment or financial situation. GJ, its affiliates, and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content. GJ, its affiliates, and partners shall have no liability for investment, legal, medical, planning or any other decisions based upon any Content. We advise you to consult your professional advisors before making any decisions or undertaking any actions related to any information received from or through the Service.
5. License to Use the ServiceYOU MAY NOT LINK TO OR FRAME THIS SITE, OR ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN.
A. Subject to compliance with this ToS, GJ grants you a limited, revocable, nonexclusive license to access and use the Service and the Content for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GJ in writing.
B. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service (but not caching). In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from GJ.
C. GJ may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
6. Subscription TermsA. GJ offers a range of subscription plans to its Service. You will select your plan as part of your registration for the Service, which may begin with a free trial. Each subscription period will be based on the subscription plan chosen and purchased (e.g., monthly, annually). You may choose to be billed for the plan monthly or annually, but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen and purchased.
B. Renewal: At the end of your current subscription period, your plan will automatically renew for a subscription period equal to your prior subscription period unless you provide GJ with written notice of your intent not to renew your plan at least 14 days prior to the end of the then-current subscription period. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
C. Fee Changes: We may change the fees for the Service at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs more than 30 days after notice of our new fees, provided that if you upgrade or downgrade to a new plan, whether at your election, you will be charged at the then-current rate for such plan. You accept the new fees by continuing to use the Service after the change takes effect. If you do not agree with the fee changes, you have the right to reject the change by canceling the Service prior to the fee changes going into effect. Please therefore make sure you read any such notification of fee changes carefully.
D. Free Trial Period: GJ may offer, during the registration period, a one-time trial period during which you can try out the Service for 30 days from the date you register to use the Service without pre-paying in advance.
7. PaymentA. We may make available products and services for purchase through the Site or Service, and we may use third-party providers to enable e-commerce functionality on our Site or Service. If you wish to purchase any product or service made available by us through the Site or Service, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to GJ the right to provide such information to third parties for purposes of facilitating the completion of the purchase initiated by you or on your behalf. You are responsible for providing complete and accurate billing and contact information to Us and notifying us of any changes to such information.
We use secure third-party service provider to process payment transactions, so we never receive or store your credit or debit card, or any sensitive payment information.
B. If you provide credit card information to us, you authorized us to charge such credit card for all purchased services for the initial subscription period and any renewal subscription term. Such charges shall be in advance, either monthly or annually or in accordance with any different billing frequency stated in the applicable order form.
C. You agree to pay all fees and charges that may be incurred by you or on your behalf through the Site or Service, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes applicable to the use of the Service through your account, and your purchase of any products or services.
D. GJ reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to bar any user from making any or all purchases; and/or to refuse to provide any user with any product or service.
E. All cancellation and refund requests will be subject to GJ’s review and absolute discretion.
If you cancel your plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period. If you cancel your plan (including during the free trial period), you will lose all access, upon the expiration of your current pre-paid period, to the Service and any data or information stored in your user account.
F. Free Trial Period: If you participate in a free trial period, you must notify GJ and cancel the Service at least 7 days prior to the end of the trial period to avoid incurring any charges. If you do not cancel the Service before the free trial period ends, you authorize GJ to charge your credit card for the full cost of your plan. You will receive a notice from GJ that your free trial period is about to end.
G. We reserve the right to deactivate your access to the Service for failure to pay applicable fees.
8. Intellectual Property Rights
A. The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. You may not sublicense, assign, transfer, redistribute, or sell or otherwise encumber the Content or any of the proprietary rights to the Content belonging to GJ in any way without the express consent of GJ. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work, and/or copying or reproducing the Content or any portion thereof to any other server or location for non-personal use is prohibited without the express written consent of GJ.
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. A link to your published notice may be displayed on GJ in place of the removed content.
10. DisclaimersA. The Company its affiliates, and partners are not responsible or liable in any manner for any Content posted on the Service, whether posted or caused by users, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Service and are not responsible for any inaccurate, offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on the Service. The Company, its affiliates and partners are not responsible for the conduct, whether online or offline, of any user.
B. The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to users or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service or any posted on or through the Service or transmitted to or by users, or any interactions between users, whether online or offline.
C. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND GJ, ITS PARTNERS AND AFFILIATES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE OR ANY OF THE SERVERS USED TO OPERATE THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
D. The Company reserves the right to change any and all Content, software and other items used or contained in the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
11. Limitation on LiabilityIN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF THE COMPANY OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE COMPANY AND ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE IN THE IMMEDIATELY PRECEDING TWELVE MONTHS, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. TerminationThe Company may terminate your access to or use of the Site or Service, for any reason, or no reason, at any time in its sole discretion, without any prior notice.
Upon any such termination, your right to access or use the Site or Service will immediately cease. GJ may immediately deactivate or delete your password and User name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that GJ shall not be liable to you or any third party for any termination of your access to the Site or Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
13. Governing Law; Venue and JurisdictionBy visiting or using the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this ToS and any dispute of any sort that might arise between you and the Company. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York County, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York County.
14. ArbitrationYOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS TOS AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association ("AAA"), in New York, New York, in accordance with AAA rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THIS TOS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose.
15. IndemnityYou agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Content you post or Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of this ToS or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service.
16. MiscellaneousThis ToS constitute the entire agreement between you and the Company regarding the use of the Service, superseding any prior agreements between you and the Company relating to your use of the Service. The failure of the Company to exercise or enforce any right or provision of this ToS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this ToS shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this ToS and shall not affect the validity and enforceability of any remaining provisions.