Pecan Street Inc. Dataport Website – Terms of Service
Last updated May 14, 2018.
Pecan Street Inc. (“Pecan Street”), is a Texas non-profit corporation.
Dataport (“Dataport”) is the suite of content, data, and services made available through the Pecan Street’s data portal (“Website”).
By accessing and/or using this Website, you agree to be bound by the terms of this Agreement without regard as to whether you are a registered user of Dataport. If you are using this Website on behalf of a business, that business accepts these terms. Pecan Street’s Privacy Policy (accessible on this Website), as well as, the www.pecanstreet.org website Terms and Conditions of Use are incorporated herein by reference and form an integral part of this Agreement. You agree to be bound by the Pecan Street Privacy Policy and all additional agreements governing content, data and services available through Dataport and any other Pecan Street website.
Use
You agree:
- to only use this Website in a manner consistent with the terms of this Agreement and with applicable laws and regulations;
- to maintain the confidentiality of any password(s) associated with your use of this Website;
- to notify Pecan Street immediately in case of any unauthorized use of your account;
- not to intentionally block, remove, or otherwise obstruct the proper functioning and view of user interface and functionality by other users;
- not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to this Website;
- not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- to comply with the data use restrictions on data downloaded or extracted from Dataport
- not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via this Website;
- not to interfere or attempt to interfere with the proper working of this Website or any activities conducted on this Website; or bypass any measures we may use to prevent or restrict access to this Website;
- not to access, collect or store personal data about other users in connection with the prohibited conduct and activities described in this Agreement.
Attribution
You must use the name “Pecan Street Inc. Dataport” to identify the source of information taken from this Website. You may not use the Dataport name, or the like to imply endorsement or approval of any product, service, or entity, not-for-profit, commercial or otherwise.
Pecan Street Logo
The Pecan Street logo may not be used without written permission from Pecan Street. This Agreement does not grant such permission.
Modification or False Representation of Content
If you modify or falsely represent content accessed through Dataport you may not still claim that the source is Pecan Street and/or Dataport.
Data Licenses
If you download or extract data from Dataport, you may only use such data for the term of your data license agreement with Pecan Street. You must immediately cease accessing your Dataport account at the expiration of your data license agreement with Pecan Street. Except otherwise provided in your data license agreement with Pecan Street, you must also immediately cease accessing, displaying, or using any and all data downloaded or extracted from Dataport at the expiration of your data license agreement with Pecan Street. It is a violation of this Agreement to access, display, copy or in other way, use data obtained from Dataport after the expiration of your data license agreement with Pecan Street.
Termination
If you wish to terminate this Agreement, you may do so by refraining from further use of this Website. Pecan Street reserves the right to terminate or deny you access to and use of content on this Website at any time for any other reason in its sole discretion. All provisions of this Agreement, which by their nature should survive termination, shall survive termination including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
Changes
Pecan Street reserves the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to the terms of this Agreement.
Disclaimer of Warranties
Pecan Street hereby disclaims all warranties of any kind, expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. Pecan Street makes no warranty that access to the Website will be continuous or uninterrupted.
Limitations on Liability
In no event will Pecan Street be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental, or consequential damages; the cost of procurement of substitute products or services; or for interruption of use or loss or corruption of data.
General Representations
You hereby warrant that: your use of this Website will be in strict accordance with the Pecan Street Privacy Policy, this Agreement, and all applicable laws and regulations; and your use of this Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Pecan Street, its contractors, employees, agents, and the like from and against any and all claims and expenses including attorney’s fees, arising out of your use of this Website, including but not limited to violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire Agreement between Pecan Street and you concerning the subject matter hereof, and may only be modified by the posting of a revised version on this page by Pecan Street.
Disputes
Any disputes arising out of this Agreement and access to or use of this Website shall be governed by the laws of the State of Texas and of the United States of America, without regard to conflicts of laws principles which would apply the law of any other jurisdiction.
No Waiver Rights
Pecan Street’s failure to exercise or enforce any right or provision of this Agreement shall not constitute waiver of such right or provision.