Terms and Conditions
Effective Date: July 29, 2023
The following terms and conditions apply to the SOLVING PROBLEMS USING DATA, LLC (“SPUD”) subscription services (“Services”).
WARRANTIES AND INDEMNIFICATION
SPUD makes no warranty, express or implied, with respect to the Services or any of its oral or written deliverables. The Services may require judgments to be made by SPUD that are based upon limited data rather than upon scientific certainties. Professional opinions are rendered with respect to observations made and data obtained at the time of assessment. Ultimate outcomes could be inconsistent with the conclusions, results, and projections of SPUD. All information which you provid to SPUD is deemed to be correct and complete without independent verification by SPUD. SPUD assumes no responsibility for the accuracy of such information and shall not be liable if reliance on such information results in incorrect conclusions or results. You shall release SPUD from any and all liabilities, losses, costs, damages, claims, obligations, fees, and expenses (including reasonable attorneys' fees) (collectively, "losses"), if relying on such information results in incorrect conclusions or results.
LIMITATION OF LIABILITY
In no event shall SPUD be liable for any exemplary, punitive, indirect, incidental, special, or consequential damages (including lost profits) arising from or in any way connected with its performance or failure to perform under the agreement, even if the affected party has knowledge of the possibility of such damages. Each party’s maximum liability to the other under this agreement, regardless of form of action, whether in contract or in tort, will be limited to the recovery of actual damages, but in any event not to exceed the aggregate amount paid to SPUD by you for the Services. In addition, neither party shall be liable to the other party for lost profits or special, incidental, or consequential damages whether based in contract or tort and whether or not advised of the possibility of such damages.
NOT FINANCIAL ADVICE
The information provided by SPUD is not to be understood or used as Financial Advice.
All insights and findings generated and reported to you in connection with this agreement and related to the Services shall be deemed client confidential information. As between you and SPUD, SPUD’s analytic methodologies, know how, general industry knowledge, algorithms, software, solutions, and technologies, preexisting by SPUD, together with all related intellectual property rights (collectively, the “SPUD IP”), shall be and remain SPUD’s exclusive intellectual property. SPUD shall not disclose information regarding the agreement, the Services, or any Documents, except to the you, your employees, consultants, subcontractors, or other persons engaged by SPUD to perform the Services, third parties designated by the you, or as required by law.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
SPUD is permitted to revise these Terms at any time as it sees fit, and by using these Services you are expected to review these Terms on a regular basis.
January 1st • OFF
Memorial Day • OFF
Independence Day • OFF
Labor Day • OFF
Thanksgiving Day and the Friday after • OFF
December 23rd, 24th, and 25th • OFF
CANCELLATIONS AND CHARGES
Charges are collected by credit card/debit card on your membership commencement date.
Subsequent monthly charges will be automatically collected using the method you choose upon signing up (credit card/ debit card).
You can cancel your membership at any time.
Due to the nature of SPUD’s services, no refunds are issued.
All account holders are responsible for managing their own account and associated billing conditions. Account requests & questions can be made via email@example.com.
These terms constitute the entire agreement between SOLVING PROBLEMS USING DATA LLC and you in relation to your use of the Services, and supersede all prior agreements and understandings.
By using the Services, you agree to accept all terms and conditions written herein. You must not use the Services if you disagree with any of these Terms and Conditions.