Privacy Policy

Last Updated: May 25, 2018

Knoema Corporation (“Knoema,” “we,” or “us”) has applied for self-certification to the EU-U.S. Privacy Shield. Knoema also maintains an affirmative commitment to the Swiss-U.S. Privacy Shield Framework and its principles.

1. INTRODUCTION

Knoema is a cloud-based data technology platform that makes data accessible and delivers intelligent data tools to enable data access and discovery. Knoema respects the privacy of individuals and is committed to protecting the information of visitors to the Web site (“Visitors”) and individuals or entities that register with Knoema through the Web site (“Customers”). This privacy policy describes Knoema’s practices for collecting, using, maintaining, protecting, and disclosing information in relation to Visitors of the web site, Knoema.com (“Web site”), Knoema’s marketing activities, and Customers accessing and using the products and services available on the Web site (collectively, “Product”).

This privacy policy does not apply to Web sites or services or the personal data or information of the users of our Customers’ applications, Web sites or services.

Please read the following carefully to understand our policies and practices regarding your information collected through the Web site, through your use of the Product, through our marketing activities and how we will treat it. If you do not agree with the below policies and practices, your choice is not to use our Web site or register to use the Product through our Web site.

Please note that we reserve the right to modify this privacy policy at any time. All such changes are effective immediately upon posting on this page. If, in our reasonable discretion, the changes are material, we will post a notice on our Web site or send you an email. The modified privacy policy will be posted on this Web site along with the effective date. You are responsible for ensuring that we have an up-to-date active and deliverable email address for you, and for periodically visiting our Web site and this privacy policy to check for any changes.

2. PERSONAL INFORMATION WE COLLECT AND HOW WE USE THE INFORMATION

Knoema acts as a “data controller” when it collects personal information from: (i) visitors to Knoema’s publicly available Web site; (ii) customers when our Customers register to use the Product through the Web site; and (iii) when we receive personal information from you related to our marketing activities.

Throughout this privacy policy, we use the terms “personal information” and “personal data” interchangeably. The terms refer to any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2.1 PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT

Information You Provide to Knoema:

• To access and use the Product, you are required to register for an account with us. When you register for an account, you may provide personal information to us, including first and last name, email address, company name, telephone number, physical address, username and password.
• You provide to Knoema your personal information when you voluntarily fill in forms on our Web site, such as when you contact us for a demo or request an academic license. This personal information may include: first and last name, role (job title), industry, company name, job title, email address, and the content of any request or feedback you submit.
• You may also share personal information with us through our Web site when you sign up to receive our Viz of the Day, subscribe to data updates, and request to download a cheat sheet.

Information We Collect Automatically:

• As you navigate through and interact with our Web site or Product, we may use cookies, which are small files placed on the hard drive of your computer or mobile device, and web beacons, which are small electronic files located on pages of the Web site, to collect certain information about your equipment, browsing actions, and patterns. Learn more about cookies and how we use them in the final section of this privacy policy.
• We also use cookies to access information when you sign in, store your preferences, to keep you logged in, and to store a limited amount of behavioral data.
• The data automatically collected from cookies and web beacons may include information from your Web browser (such as browser type and browser language) and details of your visits to our Web site, including traffic data, location data and logs, page views, length of visit and Web site navigation paths as well as information about your computer and internet connection, including your IP address and how you interact with our Product. We collect this data to help us improve our Web site, the Product and the user experience with our Web site and Product.
• Knoema does not support currently the Do Not Track signals set by your browser because there is as yet no industry or legal standard for Do Not Track signals. Do Not Track is a preference you can set in your web browser to inform Web sites that you do not want to be tracked.
• The information we collect automatically may also include statistical and performance information arising from our Customers’ use of our Product and Visitors to our Web site. This type of data is only used by us in an aggregated and anonymized manner.
• Data you voluntarily submit during use of our Products and applications to improve user experience, including submissions to Yodatai and FactFinder, are used to respond to your requests for assistance and by our machine learning tools.

2.2 How Knoema Uses Your Personal Information

We use information that we collect about you or that you provide to us, including personal information, to respond to a request from you and/or carry out a contract with you, to carry out our legal obligations, and to provide you with notices and for other purposes with your consent, as described below.

• We use the personal information you provide to us when you fill in forms on our Web site to respond to your requests and feedback and to contact you about that request. Our legal basis for processing this personal information is our legitimate interest in communicating with you and fulfilling your requests.
• We may use your personal information to provide the Product to you as well for non-marketing or administrative purposes (such as notifying you of major changes to the Web site, the Product or for customer service purposes). Our legal basis for processing this personal information is in the performance of our contract to provide the Product or other services to you.
• We also use the personal information you provide to us for the purpose of operating our Web site, ensuring the security and integrity of our Web site and Product, and maintaining back-ups of our databases. Our legal basis for processing this personal information is our legitimate interests, namely the proper administration of and security of our Web site and Product.
• For data and information that we collect through tracking technologies about your interaction with our Web site and Product, we use this information for analyzing the use of the Web site and Product to improve the quality and design of our Web site and the user experience with our Web site and Product. Our legal basis for processing this type of data is our legitimate interests, namely to provide you with the best possible user experience.
• We may use the personal information you provide to us when you download a Cheat Sheet for the purpose of offering, marketing and selling products and services to you. Our legal basis for processing this personal information is consent, which you can withdraw at any time.
• We may also use any of your personal information identified in this privacy policy for the purposes of: (i) enforcing our agreements and policies, (ii) protecting or defending Knoema’s legal rights; (iii) protecting your vital interests or the vital interests of another natural person; or (iv) complying with a legal obligation.

3. WHEN KNOEMA DISCLOSES PERSONAL INFORMATION

We may disclose personal information that we collect or you provide to us as described below. Knoema does not share or sell your personal information with any third parties for direct marketing purposes.

• We may share your data and personal information collected from you as described in this privacy policy with third-party service providers who need to access the data and personal information to perform services on behalf of Knoema, such as processing or storing such information or providing analytics services on our behalf. The third-party service providers are limited to using the data and personal information solely to provide the services to us and are bound by contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose it to them.
• Knoema does not collect or store your payment information. If you make a purchase through the Web site, your credit card or debit card information is provided directly to our third-party payment processor, Braintree, to process the payments. The payment information is transmitted directly via an encrypted connection. Braintree uses, processes and stores your personal and payment information in accordance with Braintree’s privacy policy available at https://www.braintreepayments.com/legal/braintree-privacy-policy-us.
• We may share your personal data and information if we believe disclosure is necessary to comply with applicable laws, regulations, respond to a court order, subpoena or a government request (such as a search warrant). If a government requests or other legal process requires Knoema to disclose your personal data, then Knoema will use reasonable efforts to provide you with prior notification of the disclosure unless prohibited by law.
• Knoema also reserves the right to disclose your personal data that Knoema believes, in good faith, is appropriate or necessary to: (i) enforce our agreements and policies, including for billing and collection purposes, (ii) protect the security or integrity of the Web site or Knoema’s products and services; or (iii) protect or defend Knoema’s legal rights.
• If Knoema sells all or part of its business, or makes a sale or transfer of assets, or is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, Knoema may transfer your personal information and non-personal information to one or more third parties as part of such transaction.
• Knoema may disclose personal information that we collect or you provide to us for any purpose disclosed by us when you provide the information or with your consent.

4. CUSTOMER END USER DATA

This privacy policy does not apply to Customer End User Data or Customer Applications. With respect to Knoema’s Customers, Knoema is a data processor, and Knoema processes the personal data collected by our Customers and sent to us only in accordance with the instructions of our Customers. Our Customers may integrate into their applications, Web sites or other services (collectively, “Customer Applications”) certain aspects of our Product to understand how their own users (“Customer End Users”) engage with the Customer Applications (“Customer End User Data”).

We process the Customer End User Data only according to the instructions of Customers and, our legal obligations with respect to the Customer End User Data is set forth in the agreement between us and our Customers. The collection of Customer End User Data through Customer Applications is governed by our Customers’ privacy policies, and if you are a Customer End User then you should review the Customer’s privacy policy to learn more about the Customer’s data handling practices.

While Knoema recognizes that an individual has the right to access, delete and amend the data collected about that individual, Knoema does not have a relationship with the Customer End Users but rather only with our Customers. If you are a Customer End User and you would like to access, amend or delete your data, contact the Customer directly and Knoema will respond within a reasonable period of time to any such request by our Customer.

Knoema only retains the Customer End User Data we process on behalf of our Customers for as long as necessary to provide the Product to our Customers or as required to comply with legal obligations, resolve disputes and enforce any agreement.

5. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

The data servers Knoema uses to provide the Web site and Product are located on Amazon West in the United States. By interacting with the Web site or using the Product, you understand that your personal data will be transferred to the United States and you consent to such transfer.

Back up servers used by Knoema do not receive any personal information.

Knoema is in the process of certification to the Department of Commerce that it adheres to the Privacy Shield Principles. Upon Certification completion, If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view the certification for Knoema, please visit: https://www.privacyshield.gov/.

For the actions of third party agents Knoema engages to process data on our behalf, Knoema remains responsible and liable under the Privacy Shield Principles if a third party agent processes the personal data in a manner inconsistent with the Privacy Shield Principles, unless Knoema proves that it is not responsible for the event giving rise to the damage.

6. OUR COMMITMENT TO DATA SECURITY

Knoema uses commercially reasonable, industry standard physical, managerial, and technical safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is also encrypted and stored on our secured servers behind firewalls.

You are responsible for maintaining the confidentiality of your password and other information used by you to access the Web site or use the Product. 

While Knoema does its best to protect your personal data, Knoema cannot guarantee the security of your personal information transmitted to our Web site because the transmission of information via the internet is not completely secure. Any transmission of your personal information is done at your own risk and Knoema cannot guarantee that such personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Knoema learns of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. Knoema may post a notice on the Web site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@knoema.com.

7. HOW YOU CAN CONTROL THE INFORMATION WE COLLECT, USE, AND SHARE

You have the choice about whether to disclose your personal information or other information about yourself to Knoema. Regardless of your choices with respect to promotional communications and updates regarding content, Knoema may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them.

You can change your privacy settings at any time, including to delink social media accounts you may have connected, including Facebook, LinkedIn, and Google Connected. You may also cancel your Knoema subscription, in accordance with our Terms of Use. For a registered, non-premium user or a Knoema Premium subscriber contact us at privacy@knoema.com to request all personal information stored with Knoema be removed. Please note that, if you cancel your account, Knoema may retain some information about you but will discontinue posting such information on the Knoema systems.

We also understand that you have the right to obtain a copy of your personal information from us. Please note we will ask you to verify your identity before responding to such requests. You may request a copy of your personal information that you have provided to us directly by sending an email to privacy@knoema.com. We will provide you a copy of your personal information in a commonly used electronic form.

8. DISPUTES

As part of our commitment to the Privacy Shield Principles, if you are a resident of the European Union or Switzerland and you have a privacy or data use concern, please contact Knoema directly at privacy@knoema.com or the address below under 9. Contact Us and Knoema will use its best efforts to address your concern within 45 days of receipt of your complaint.

For any Privacy Shield disputes that cannot be resolved by the methods above, you may be able to invoke a binding arbitration process under certain conditions. To find out more about the Privacy Shield’s binding arbitration scheme, please see: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

The U.S. Federal Trade Commission has investigation and enforcement authority over Knoema’s compliance with the Privacy Shield Framework.

9. CONTACT US

We value your comments about our privacy policy and invite you to e-mail us with inquiries, suggestions, and complaints at info@knoema.com or send mail to the address below. Contacting us through these channels does not affect your right to file a complaint with relevant authorities about our privacy practices.

Knoema Corporation

Attn: Privacy Policy

1750 Tysons Blvd., Suite 1500

McLean, VA 22102

More About Cookies

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. You may learn more about opting out of advertising cookies by visiting the Network Advertising Initiative page. If you would like further information about cookies and how to manage and delete them, please visit www.allaboutcookies.org or www.youronlinechoices.eu.

What types of cookies are used by Knoema?

Below is a list of the types of cookies and third party service providers currently used by Knoema but may not include all cookies or third party service providers. In addition, the below list of cookies and third party service providers is subject to change at any time.

System Performance

Knoema. We use our own products and services to analyze the user behavior within our Web site and our own products and services, to save user preferences, and to support authentication of users.

Google Analytics. We use Google Analytics to analyze the use of our Web site.

For more information about Google’s privacy practices, see https://policies.google.com/privacy.

UserVoice. We use UserVoice to receive feedback and suggestions from visitors and customers. For more information about UserVoice’s privacy practices, https://www.uservoice.com/privacy/.

Amplitude. We use Amplitude for tracking visitors to our Web site.

For more information about Amplitude’s privacy practices, see https://amplitude.com/privacy.

New Relic. We use New Relic to analyze web page performance.

For more information about New Relic’s privacy practices, please see: https://newrelic.com/termsandconditions/privacy.

{errorception}. We use {errorception} to track software errors on customer applications. For more information about {errorception}’s privacy practices, please see: https://errorception.com/docs/privacy.

ATLASSIAN Jira. We use Jira team task management software, which may incidentally include personal information required to troubleshoot for a specific user. For more information about ATLASSIAN’s privacy practices, please see: https://www.atlassian.com/legal/privacy-policy.

Advertising

LinkedIn. We use LinkedIn to track conversions and Web site visits from our advertisements displayed on LinkedIn. For more information about LinkedIn’s privacy practices, please see: https://www.linkedin.com/legal/privacy-policy.

Facebook. We use Facebook to track conversions and Web site visits from our advertisements displayed on Facebook. For more information about Facebook’s privacy practices, please see: https://www.facebook.com/help/www/213802165366955.

Reddit. We use Reddit to track conversions and Web site visits from our advertisements displayed on LinkedIn. For more information about LinkedIn’s privacy practices, please see: https://www.reddit.com/help/privacypolicy/.

Doubleclick. We use Doubleclick, from Google, to track advertisements and measure website visits and conversions. For more information about Doubleclick’s privacy practices, please see: https://policies.google.com/privacy?hl=en.

TERMS OF USE

 

Welcome to the First River Steel Data Room (the “Site”). These Terms of Use are entered into between you  (the “User”), First River LLC, a Pennsylvania limited liability company (“FR”), and Knoema Corporation, a Delaware corporation (“Knoema”).

 

These Terms of Use apply to and govern all access to, and use of, all content, pages, features, and services provided through the Site. If the use of any of these services is on behalf of any entity, the User represents and warrants that the User is authorized to accept these Terms of Use on behalf of such entity.

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. THE USER IS NOT AUTHORIZED TO USE THE SITE IF THE USER DOES NOT AGREE TO ALL OF THESE TERMS.

 

Changes to the Terms of Use

Knoema and FR reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy, at any time and in their sole discretion. Any changes or modification will be effective immediately upon posting on the Site. The continued use of the Site following the posting of revised Terms of Use means that the User accepts and agrees to the changes. The User is expected to check this page frequently so as to be aware of any changes, as they are binding on the User.

 

In case of any questions please send queries to EnterpriseSupport@knoema.com or steeldata@first-river.com.

 

Use of Site

Use of the Site is authorized only for persons who are authorized to use the Site pursuant to a Portal Agreement between FR and a party to such Portal (“Authorized User”). If the User is not an Authorized User, access to the Site is not authorized, and any use of the Site shall be in breach of these Terms of Use. When setting up a registered account to access the Site (the “Account”),the User may be asked to provide certain registration details or other information. It is a condition for the use of the Site that all information provided by the User is accurate, current and complete. FR may terminate access to any User which FR is unable to verify is an Authorized User.

 

Use of the Site through an Account is restricted to the specific person registered for such Account. The User shall not permit or authorize any other person to use the Site through  the User’s Account. The User shall protect such User’s Account information, including username and password, from disclosure to, or use by, any other person. The User agrees to notify FR immediately of any unauthorized access to the User’s Account or any other breach of security. The User also agrees to ensure that the User exits from such User’s Account at the end of each session. The User shall be responsible for the acts of any person accessing the Site through such User’s Account.

 

FR has the authority in its sole discretion to terminate the User’s access to the Site pursuant to the Portal Agreement or upon the breach of these Terms of Use. FR shall not be liable for any costs, damages or other forms of liability resulting from any termination of the User’s access to the Site in accordance with these Terms of Use.

 

Prohibited Uses

Unless authorized by the User’s Portal Agreement or otherwise by FR in writing, User shall not:

 

• Repackage, republish, sell, or otherwise utilize this information for any commercial purpose;
• Provide Site-derived content to individuals outside of their organization;
• Share or provide access to the Site to other individuals in the User’s organization who lack proper credentials and user logins;
• Provide access to third parties, including without limitation third party vendors or engineers; independent contractors, consultants or part-time employees;
• Publicly display, distribute, transmit or modify copies of any materials from the Site;
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site;
• Use the Site 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);
• Use the Site in any manner that could disable, overburden, impair or damage the Site or interfere with any other party’s use of the Site; or
• Attempt to gain unauthorized access to any parts of the Site.

 

Intellectual Property - Limited License

Unless otherwise expressly indicated, the Site and all content, features and functionality on the Site are the proprietary property of FR, Knoema, their licensors or other providers of such material.

 

 The User is granted a limited, revocable, non-sublicensable license to access and use the Site in accordance with these Terms of Use.  No right, title, or interest in or to the Site or any content on the Site is transferred to the User, and all rights not expressly granted are reserved by FR and Knoema. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. If the User breaches these Terms of Use, the User’s right to use the Site will stop immediately and the User must, at FR’s option, return or destroy any copies of any materials or copies made.

 

Trademarks

The Site name and all related names, logos, product and service names, designs, and slogans are trademarks of FR or its licensors. The Users must not use such marks without the prior written permission of FR. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

 

Privacy Policy

This privacy policy applies to information collected by FR or Knoema from the User through the Site or in email, text or other electronic messages. It does not apply to information collected by any third party.

 

Several types of information are collected from and about users of the Site, including information:

 

• by which the User may be personally identified, such as name, postal address, and/or e-mail address ("personal information");
• that is about the User but individually does not identify the User; and/or
• about the User’s internet connection, IP addresses, equipment used to access the Site and usage details.

 

This information is collected:

 

• Directly from the User when the User provides it to us.

 

• Automatically as the User navigates through the site through "cookies”. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to User. Cookies cannot be used to run programs or deliver viruses to User’s computer. The Site uses cookies to store User preferences and other information on User’s computer in order to save User time by eliminating the need to repeatedly enter the same information and to display User personalized content. This cookie allows User to move from page to page on the Site without having to sign in again on each page. When the User signs out, these cookies are deleted from the User’s computer.  The User has the ability to accept or decline cookies. Most web browsers automatically accept cookies, but User can usually modify the browser settings to decline cookies. If User chooses to decline cookies, User may not be able to sign in or use other interactive features of the Site that depend on cookies.

 

• Automatically when the User uses the Site, the Site’s servers automatically record information that User’s browser sends whenever User visits a website. These server logs may include information such as User’s web request, IP address, browser type, browser language, the date and time of User request and one or more cookies that may uniquely identify User’s browser.

 

• When the User sends email or other communication to Knoema or FR. Such communications may be retained in order to process inquiries, respond to requests, and improve the Site.

 

• When the User provides any information or information is generated in the course of setting up an Account, it is stored in media that is owned or controlled by Knoema. FR has access to such information as a licensee of Knoema. Neither Knoema nor FR processes or stores credit card or payment card information of User. Any payment transactions are processed through third party payment processors, and any credit card or payment card data of User is exchanged exclusively and directly to such payment processor.

 

Knoema and FR will not share the personal information collected from the User through the Site with any third parties, except as follows:

 

• To contractors, service providers, and other third parties used to support the Site.

 

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by FR or Knoema about the Site users is among the assets transferred.

 

• To fulfill the purpose for which the User provided it.

 

• For any other purpose disclosed by FR or Knoema when the User provides the information.

 

• With the User’s consent.

 

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

 

• If FR believes such disclosure is necessary or appropriate to protect the rights, property, or safety of FR, Knoema, our customers, or others.

 

User Content

The Site allows approved users to upload datasets and other information, create content in the form of pages, visualizations and tables, and communicate and collaborate with other users of the Site (the “User Content”). The User is solely responsible for any User Content uploaded or created on the Site through such User’s Account.  

 

The following User Content is prohibited:

(a) content that is unlawful, defamatory, obscene, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or objectionable;

(b) content that infringes any patent or copyright or other intellectual property right;

(c) content misrepresenting affiliations and entities;  

(d) content containing third party confidential or personal information; or

(e) content involving commercial activities or sales, such as promotions, barter or advertising.

 

Rights to User Content

All User Content will be considered non-confidential and non-proprietary. By providing any User Content on the Site, the User grants FR and Knoema the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Content. The User represents and warrants that the User has the right to grant such rights and that the User Content complies with these Terms of Use. The User further agrees that the User is responsible for any User Content submitted or contributed has full responsibility for its legality, reliability, accuracy and appropriateness. FR and Knoema are not responsible or liable to any third party in connection with any User Content.

 

Restricted Content

The User may not have access to all content on the Site. Some content on the Site is accessible only through, and subject to the terms and conditions of, separate agreements with FR.

 

Disclaimer

The User understands and agrees that FR cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. The User responsible for implementing sufficient procedures and checkpoints to satisfy the User’s 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, FR AND KNOEMA 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 COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER’S USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO THE DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

THE USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT THE USER’S OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FR NOR KNOEMA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ITS CONTENT.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, FR AND KNOEMA HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

Without limiting any of the foregoing, the User expressly agrees and acknowledges that the content created by FR that is available on the Site (the “FR Content”) is subjective analysis of data collected and accessed from sources over which FR has no control. The data used by FR to create the FR Content is not generated, collected or created by FR unless otherwise indicates in the “Source” field of a dataset’s metadata.

 

LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FR, KNOEMA, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, OR INABILITY TO USE, THE SITE, ANY CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

The User agrees to defend, indemnify, and hold harmless FR, Knoema, their licensors, service providers, 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 the User’s violation of these Terms of Use or use of the Site, including, but not limited to, User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or the use of any information obtained from the Site.

 

Governing Law and Jurisdiction

All matters relating to the Site 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 Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule.

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in the City of Pittsburgh and County of Allegheny, although FR retains the right to bring any suit, action, or proceeding against the User for breach of these Terms of Use in the User’s country of residence or any other relevant country. The User hereby waives any and all objections to the exercise of jurisdiction by such courts and to venue in such courts.

 

Ideas and Suggestions

Any ideas, comments, and/or suggestions made by the User to FR or Knoema, or otherwise through or in connection with the Site services, will be the sole property of Knoema and/or FR.

 

Reliance on Information and Third Party Content

The information presented on or through the Site is made available solely for general information purposes. The User acknowledges and agrees the Site is not intended to provide conclusions, recommendations or risk mitigation for the User or any other party.  FR and Knoema do not warrant the accuracy, completeness, or usefulness of any of the information or content provided on the Site. Any reliance the User place on such information is strictly at the User’s own risk. FR and Knoema disclaim all liability and responsibility arising from any reliance placed on such materials by the User or any other users of the Site, or by anyone who may be informed of any of its contents.

 

The Site includes content created by third parties and made available through various media and application programming interfaces, including many sources of social media, aggregators and/or reporting services. FR does not evaluate, review, assess, modify, or otherwise interact with such data.  Any statements expressed in any third party content, including any user comments or communications, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FR and Knoema. FR and Knoema are not responsible, or liable to the User or any third party, for the content or accuracy of any materials provided by any third parties, and the User agrees it shall have no claim against FR arising from any such third party content or data.

 

External Content, Services and Functions

The Site may offer content with third party links and will connect User to content, services and functions that FR and Knoema does not create, monitor or have control over. Neither FR nor Knoema make any kind of warranties or representations with respect to any such third party content, services or functions.

 

Termination of Service

Notwithstanding anything to the contrary in these Terms of Use, FR and Knoema reserve the right, without notice and in their sole discretion, to:

 

• Terminate the User’s right to use the Site, and to block all future access to the Site by the User.
• Temporarily or permanently discontinue, withdraw, or amend the Site, and/or any service or material provided on the Site without notice to User.
• Remove or refuse to post any User Content for any or no reason in their sole discretion.
• Take any action with respect to any User Content that FR and Knoema deem necessary or appropriate in their sole discretion, including if User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for FR and/or Knoema.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.