TERMS OF SERVICE
Updated: March 19, 2024
npiQ is a platform that allows users to access analytics from both publicly available sources and proprietary sources. This Terms of Service, our Privacy Policy, and all other rules, policies, procedures, and codes of conduct published on or in connection with the “Website,”(collectively, the “Agreement”) will establish the terms and conditions under which you will receive any goods, services, or Content (collectively, the “Services”) from or through npiQ. The Agreement is a legally binding document between you and us.
BY ACCESSING OR USING THE WEBSITE OR ANY OF OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT [I.E., THIS TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THE AGREEMENT, YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE OR THE SERVICES.]
SUMMARY OF KEY TERMS
At npiQ, we care about transparency. Therefore, we have provided a short, bulleted summary of some key terms and conditions in the Agreement. Please understand, however, that this summary is provided merely as a convenience. You are expected to read the Agreement in its entirety. To the extent there is any direct or indirect conflict between the summary and the complete terms or conditions recited in the Agreement, the Agreement will prevail. With that in mind, some key terms and conditions in the Agreement are as follows:
- Users of the Services are not employees/agents of npiQ. Except for authorized use by some of our team members, those that use npiQ (including you) are not employees, agents, or affiliates of npiQ. At no point may npiQ be held liable for acts or omissions of any engagement performed between and among anyone except actual npiQ employees
- Confidentiality. Except for the high standard of care we take to protect your privacy pursuant to our Privacy Policy, npiQ assumes no special duty with respect to any privileged or confidential information you provide to us for public use in connection with our Services. While we will take care to avoid disclosing information that we know to be confidential, we assume no duty or obligation to maintain, preserve, or police the maintenance or preservation of your confidential information.
- Pricing. npiQ charges a fee to access its analytics platform. Specifics about pricing can be found within the pricing section or at checkout.
- Modifications to the Agreement. We reserve the right to modify this Agreement at any time. The current version of the Agreement will be located at https://npiq.io/terms-of-service, which is accessible through the Website by clicking the “Terms of Service” button in the footer of the Website. Any and all amendments to the Agreement are automatically effective. Therefore, if you continue to use the Website and the Services after we amend the Agreement, you acknowledge and agree that you have consented to the amended Agreement.
DEFINITIONS
The definitions recited above will apply throughout this Agreement. Other defined terms are as follows:
- “Content” means any content featured or displayed on the Website, published by or belonging to npiQ or a User, including but not limited to text, documents, information, data, articles, guidance, opinions, images, charts, graphs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and other materials that are available on the Website.
- “Person” means a human being, firm, labor organization, partnership, association, corporation, limited liability company, legal representative, trustee, trustee in Bankruptcy, or receiver as appropriate for the circumstances.
- “Third-Party Content” means Content belonging to or originating from third parties. “User” means a Person that has visited, used, or accessed the Website or our Services. Users may engage with each other as Website permissions permit, and can opt out of receiving communications from specific Persons.
ABOUT OUR SERVICES
- Analytical Software npiQ allows users to access information that is from public and proprietary sources. The information is compiled in a way that helps the user understand and analyze the information for purposes such as creating target audiences, identifying qualified key opinion leaders, and analyzing the market. npiQ may allow users to export information in the form of an xls or csv file. All exported data should be treated as npiQ data and is subject to the terms of this agreement and the associated Privacy Policy. Legal action will be taken for any misuse of information or sharing of npiQ data with other individuals who are not under a service agreement with npiQ.
- Monitoring User Activity: npiQ may monitor User activity to ensure compliance with this Agreement and applicable law. At our discretion, we, or technology we employ, may monitor or record your interactions with the Services, and take action in accordance with this Agreement.
REPRESENTATIONS AND WARRANTIES
In connecting with using the Website and Services to locate employment opportunities, you acknowledge and agree that:
- Authority. You represent and warrant that you are an individual over the age of 18 and you are of legal age to form a binding contract, and, if you are accessing the Website or Services on behalf of an entity, that you are authorized to enter into, and bind the entity to, this Agreement. Moreover, you represent and warrant that you have the full right and legal authority to post any User-Generated Content you submit, that you have fully complied with any third-party licenses relating to User-Generated Content, and that you have taken all steps necessary to pass through to end users any required terms.
- Compliance with the Agreement. Your use of and access to the Services is expressly conditioned upon your ongoing compliance with the terms and conditions in the Agreement. We reserve the right to terminate your account if we determine, in our sole and exclusive discretion, that you have violated a term in the Agreement.
- Lawful Use of the Services. You may use the Website or Services for lawful, non-commercial purposes only. At all times, your use of and access to the Website and Services must comply with any applicable laws, regulations, treaties, municipal codes, or other sources of law. You may not use the Website in any manner that could damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Services. You may not attempt to gain unauthorized access to our Services, computer systems, or networks through any means. In addition to our right pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.
- No Reliance on Content. Content on the Website is provided for informational purposes only, with no assurance that the information is true or accurate. Content on the Website is intended to be used for informational purposes only and therefore Users should conduct independent research with respect to Content.
The materials appearing on the Website could include information from both public sources and proprietary sources, and it is displayed in a variety of ways throughout the website. npiQ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
npiQ has not reviewed all of the public data which is made available and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by npiQ of the linked website. Use of any such linked website is at the user's own risk. - Prohibited Conduct. You agree that you will not under any circumstances do any of the following through the Website or Services, or with the information that you receive through the Website:
- Transmit Content that is unlawful or promotes unlawful activities;
- Defame, harass, stalk, intimidate, abuse, threaten or incite violence toward any Person;
- Transmit content that is pornographic, discriminatory or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Discriminate on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation;
- Transmit spam, or other machine- or randomly-generated, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
- Transmit Content that contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- Infringe on any intellectual property rights of any Person, including patent, trademark, trade secret, copyright, right of publicity or other rights;
- Use the Website or our Services in a manner that is inconsistent with any local, state, federal, or international laws or regulations;
- State or imply that you are endorsed by or associated with npiQ without our prior written consent;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or our Services;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or Services, or any software used on or for the Website and Services, or cause others to do so;
- Transfer, sell, or otherwise allow a third party to use your account;
- Impersonate any person or entity, including any of our employees or representatives, or any Users; or
- Violate the privacy of any Person.
- Right to Terminate Accounts. We reserve the right to suspend, restrict, or terminate the account of any User who, in our sole and exclusive discretion, violates any term or condition in the Agreement, with or without prior notice.
- Your Account. You are fully responsible for all Content, communications or any other activities that occur, are transmitted, or otherwise made public through your account or through the user name and password associated with your account. We will not be liable for any acts or omissions by you or your representatives or agents, including any damages or losses of any kind incurred as a result of such acts or omissions. You must immediately notify us at support@npiq.com of any unauthorized uses of your Account or any other breaches of security.
- Your Information. You acknowledge and agree that any information you provide, publish or display (“post”) through the Website or our Services, or provide directly to us (“Your Information”) will be governed by the Agreement. You consent to our use of Your Information to provide the Website and the Services to you, and you further agree to allow us to store and collect Your Information in the manner described in the Privacy Policy. You are solely responsible for Your Information and your interactions with other Users. When you use the Website and the Services, you agree to provide accurate, current and complete information as prompted by our user registration form. You also agree to maintain and timely update Your Information to keep it accurate, current and complete at all times during your use of the Website and the Services. You agree that we, as well as others, may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate these Terms and your use of the Website and the Services. You further acknowledge and agree that we are not liable for damages resulting from your use, or others use, of Your Information.
TERMS AND TERMINATION
These Terms are effective upon use of or access to the Website or the Services. We, in our sole discretion, may limit, suspend, or terminate your use of and access to the Website and Services at any time and for any reason, with or without notice. In the event that we suspend or terminate your use of and access to the Website and our Services, the Agreement shall remain in effect.
CANCELLATION
Certain paid Services of npiQ require entry and processing of User credit card information via a secure third party, which will be handled under the security and privacy measures pursuant to ourPrivacy Policy. Certain paid Services of npiQ will charge the User’s credit card on an automatic renewal and continuous service basis, and the terms of such Services are conspicuously disclosed on the pricing page for such Services. Such Services are cancelable by the User at any time by emailing us at support@npiq.com.
You may terminate this Agreement at any time. If you wish to terminate this Agreement, you may deactivate your account in your account settings or call us at or email us at support@npiq@.com.
npiQ may, in our sole discretion, terminate your access to all or any part of the Website at any time, with or without cause, effective immediately. All provisions of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THIRD-PARTY CONTENT
- Assumption of Risk. By using the Services, you will be able to access Third-Party Content. Your use of the Services is consent for npiQ to present this Third-Party Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third-Party Content.
- Links As part of the Services, we may provide you with links to third-party websites and other forms of Third-Party Content. These links are provided as a courtesy. We have no control over third-party websites or content, or any promotions, materials, information, goods or services advertised or sold by any third parties. By linking to such Content, we do not represent or imply that we adopt or endorse such Content, nor are we responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than npiQ. We are not responsible for any Third-Party Content accessed through our Website. If you decide to leave the Website and access Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern or apply to your activity or the activity of a third-party.
- Limitations. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter or otherwise use any Third Party Content except as permitted by npiQ Agreement and other policies.
INTELLECTUAL PROPERTY
- Service Content, Software and Trademarks. You acknowledge and agree that the Website and our Services may contain Content, materials, or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (the “Service Content”). Our name, logos, and other aspects of our branding are our trademarks and service marks. Other company, product, and service names and logos used and displayed via the Website and the Services are the trademarks or service marks of their respective third-party owners. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks. All goodwill generated from the use of our trademarks will inure to our exclusive benefit. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website, the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Website. You agree that you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of the Website and/or the Services. Any use of the Website, Services or the Service Content other than as specifically authorized herein is strictly prohibited. We own all right, title and interest, including all related intellectual property rights, in and to the Services, Website, and Service Content, and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services and Website. The Agreement does not convey any rights, intellectual property or otherwise, in the Services, Website, or Service Content except as expressly granted in these Terms. We reserve any and all rights not otherwise granted.
- Infringement of Third-Party Intellectual Property. We respect intellectual property rights, and expect our Users to do the same. Accordingly, we may terminate a User's access to the Website or our Services if we determine that the User is infringing our intellectual property rights or the intellectual property rights of any third parties.
- Your Responsibility. You are solely responsible for any harm that results from Content you create, upload, link to or otherwise make available via the Website or our Services, whether written or otherwise. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Services is solely your responsibility. This includes, but is not limited to, any liabilities arising out of or related to intellectual property infringement, an invasion of a right of privacy (whether statutory or common law), or contractual or legal obligations. We are not responsible for any public display or misuse of your User-Generated Content.
- Feedback on our Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Services, provided by you to us, is non-confidential and we are entitled to the unrestricted use and dissemination of this information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PAYMENT AND TRANSACTIONS
- Payments. Payment will be processed through a secure third party as agreed upon by the User. Payments must be received prior to accessing the Services provided to Employers through our paid subscription (i.e., monthly recurring) and non-subscription (i.e., one-time) based services including use of our technology and access to Users.
- Authorization to Collect, Retain and Use Payment Information. By agreeing to these terms, you are giving npiQ permission to collect your pertinent credit card information and charge your on-file credit card or other approved method of payment for fees that you authorize for subscription and non-subscription based Services. Depending on your payment selection, npiQ may charge you on a recurring or one-time basis.
- Responsibility for Payment. You are responsible for all fees, including taxes, associated with your use of the Services. By using the Services, you agree to pay npiQ the amount as mutually agreed between you and npiQ. The termination of this Agreement by you or npiQ will not absolve you of responsibility for any fees, costs, or expenses incurred prior to such termination.
ELECTRONIC COMMUNICATIONS
We use email and electronic means to stay in touch with our Users. For contractual purposes, you:
- Consent to receive communications from npiQ in an electronic form via the email address you have submitted or via the Services; and
- Agree that this Agreement, the Privacy Policy, security policy, agreements, notices, disclosures and other communications that npiQ provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
DISCLAIMER OF WARRANTIES
npiQ PROVIDES THE WEBSITE, THE CONTENT AND THE SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, npiQ EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBSITE AND THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
npiQ makes no representation or warranty that the information we provide or that is provided through the Services is effective, accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, that the Services will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Services is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Services.
LIMITATION OF LIABILITY
We are not liable for any damages, losses, costs, or expenses arising out of or in any way related to this Agreement, however remote. To the maximum extent permitted by applicable law, npiQ will not be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
- Your use of or inability to use the Services or Website;
- The Services generally or the software, hardware, or systems that make the Services or Website available; or
- Any other interactions with npiQ or any User of the Services; whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether npiQ has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.
npiQ will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
RELEASE AND INDEMNIFICATION
You agree to indemnify and hold harmless npiQ from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website and the Services, including but not limited to your violation of this Agreement. If you have a dispute with one or more Users, you release npiQ from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive your rights under California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him must have materially affected his or her settlement with the debtor.”
MODIFICATION OF AGREEMENT
npiQ reserves the right, at our sole discretion, to amend this Agreement at any time and will update this Agreement in the event of any such amendments. In the event that we choose to exercise our right to modify the Agreement, we will post the amended Agreement on the Website at https://npiq.io/terms-of-service. Your continued use of the Website or the Services following such publication shall constitute your affirmative acknowledgement of and consent to the Agreement as amended. If you choose not to accept the terms of the amended Agreement, you must immediately discontinue any use of our access to the Website and our Services, and you must remove User-Generated Content immediately.
GOVERNING LAW
The Agreement, and any issues arising out of or related to the Agreement, the Website, or our Services shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions, which might otherwise cause the application of the laws of any jurisdiction other than the State of California. You and npiQ agree to submit to the exclusive jurisdiction and venue in the State and Federal courts located in the San Diego, California, except as provided below in this Agreement.
ARBITRATION
The Parties will attempt to resolve any disputes arising out of or in any way related to the Agreement through informal negotiations. In the event that the dispute cannot be settled through direct discussions, the Parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The Parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction.
LIMITATION OF TERM ACTION
All disputes or claims (to the extent permitted by law) must be filed within one year of the first date on which the claim or notice of dispute could be asserted. If you do not file a claim or dispute during this time, it is permanently barred.
SEVERABILITY
If any portion or provision of the Agreement is declared illegal or unenforceable by a court of competent jurisdiction, the remaining terms and conditions will continue to apply with equal force, and shall be valid and enforceable to the fullest extent permitted by law. In the event that the severance of one or more portions of the Agreement materially modifies the meaning, application, or outcome for any provision not so severed, the Agreement, and any clauses or provisions therein, shall be construed as closely as reasonably possible to the original intent of the Parties, as reflected in this Agreement.
ASSIGNMENT AND DELEGATION
npiQ may assign or delegate the Agreement, in whole or in part, to any Person at any time, with or without your consent. You may not assign or delegate any rights or obligations under the Agreement or Privacy Policy without our prior written consent. Any unauthorized assignment or delegation by you is void.
NOTICE
Notices to you may be made via email (the “Notice”). We may also provide Notice to you of changes to the Agreement or other matters by displaying information on the Website. The Notice shall be deemed to have been given upon the sending of an email or the publication of such information on the Website. You may give Notice to us at any time by email to the following address: support@npiq.com.
HEADING CAPTIONS AND SUMMARIES
The headings, captions and summaries in this Agreement are for convenience only and in no way define, describe, or limit the scope or content of any provision of this Agreement.
ADMISSIBILITY
A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and npiQ, and supersedes all prior communications, agreements and understandings, written or oral, with respect to any subject matter arising out of or related to the Agreement, the Website, or our Services. By creating an account, you acknowledge that you have read and understand these Agreement and will be bound by these Agreement.