Assess, compare, discover, and score performance and quality with AI-based comparative analytics and reporting, all automated.

Terms of Service

 

INTRODUCTION

 

This website is operated by OnlyBoth Inc. (referred to herein as OnlyBoth, we, us, and our).  OnlyBoth offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  By visiting our web site, using our services, causing an automated agent to use our Service (e.g., spiders, crawlers, bots, programs, automatons, etc., despite their not being allowed under these Terms of Service), and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (e.g., including, but not limited to, our Privacy Policy). These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service, and you agree that the terms and conditions set forth herein are reasonable. If you do not agree to all the terms and conditions of this agreement, or you do not believe they are reasonable, then you may not use our Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

 

 

GENERAL CONDITIONS; LICENSE; AND ACCEPTABLE USE

 

OnlyBoth provides data analysis services through the Service by performing automated analysis of disparate data sources to discover insightful relationships in the data.

 

Except as otherwise stated, OnlyBoth and/or its licensors own the intellectual property rights in the Service and data provided by the Service.  Subject to the license below, all these intellectual property rights are reserved by their respective owners.

 

You may use the Service for your own personal and non-commercial use.  You may use the Service for commercial use subject to the restrictions set out below and elsewhere in these terms and conditions.  This is a grant of a license, not a transfer of title.  Under this license, you agree not to reproduce, duplicate, copy, sell, resell or otherwise commercially exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, except as provided for herein.

 

You agree not to use our Service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You agree not to use our Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You agree not to conduct any systematic or automated data collection activities (including without limitation decompiling, reverse engineering, mirroring, scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent.  You agree not to embed our Service within another web site without our express written consent.

 

You agree not to use our Service to transmit or send unsolicited commercial communications.

 

We reserve the right to refuse service to anyone for any reason at any time.

 

 

DATA ACCURACY AND SOURCES

 

OnlyBoth obtains and analyzes data from many different sources.  We cite our sources for the data we analyze, and we provide web links to sources where such links are available. OnlyBoth does not guarantee or warrant the accuracy of the data received from each source, and therefore OnlyBoth cannot guarantee or warrant the accuracy of information presented through our Service.  OnlyBoth does not modify or alter the data received from third party sources except that sometimes matching a third-party data source entry to other data entries involves interpretation on our part, which may give rise to error (and except as otherwise noted).  Therefore, if source data is inaccurate, the output may also be inaccurate.  We will take reasonable corrective action of such inaccuracies upon receiving notice of such an error.

 

We are not responsible if information made available on our Service is disparaging, inaccurate, incomplete or out of date. The information provided by our Service is provided based on preexisting data sources for general information only and should not be relied upon or used as the sole basis for making decisions without confirming accuracy of the information contained therein. Any reliance on material from our Service is at your own risk.

 

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

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LIMITATIONS ON USE

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Only one individual may access a Service at the same time using the same user name (i.e., the same email address), unless we agree otherwise.

 

The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the "Content") available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:

 

You may only use the built-in email functionality of our services to share insights from paid and/or unpaid Services with others.  You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.  In addition, you may share no more than fifteen (15) relationships learned through the Service with others, provided you include attribution to OnlyBoth.com with a hyperlink back to our site when distributed electronically. Please consult our support team if you need to distribute content or insights from a Paid Service in any other manner not expressly permitted by these Terms.

 

While you may occasionally download and store insights from the Service for your personal use, you may not otherwise provide others with access to such insights, except as expressly provided for herein. In addition, you may not use insights you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.

 

You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon is prohibited.  The use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Paid Services other than as expressly authorized by us is prohibited.

 

You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

 

As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds or APIs, in any commercial product or service, without our express written consent.

 

You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for all or a part of our Service.

 

Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.

 

You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.

 

You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.

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THIRD-PARTY LINKS

 

Certain content, products and data available via our Service may include external links to third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

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USER INFORMATION

 

We require you to register to access and use certain areas of our Services, e.g., Paid Services. We require that you use your own first and last name, and we require that you use your own private email address as your user name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please immediately contact our customer support. We reserve the right to disclose any information about you, including registration data, in order to, among other things, comply with any applicable laws and/or requests under legal process, protect our property or rights, and safeguard the interests of others, and pursuant to our Privacy Policy. Your submission of personal information through the Service, e.g., registration data and other information about you, is further governed by our Privacy Policy. 

 

Your information may be stored and processed in the United States or any other country where OnlyBoth has facilities, and by using a Service online, you consent to the transfer of information outside of your country. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other registered users (such as your email address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. You agree to notify us promptly if you change your email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.

 

We may use your information to provide you with information about goods or services we feel may interest you (marketing communications), such as email, SMS, and postal mailings. Please note that if you choose to receive SMS text messages, your plan fees for messaging will apply. These marketing communications will keep you up-to-date on the latest news, events, special offers, data and software releases from OnlyBoth. On occasion, these communications may also introduce you to other brands and inform you about offers and promotions from other third party companies. Sending you marketing communications mostly requires the collection and use of certain personal contact information and demographic information.

 

You can always opt-out from receiving marketing-related email communications or text messages by following the unsubscribe instructions provided in each such communication. If you have an account with us, you may be given the option to change your communication preferences under the relevant edit-profile section of our site (if available) or by contacting customer support. Changing these preferences would also remove you from our lists for future Targeted Advertising. Please note that even if you opt out from receiving marketing communications from us, you may still receive administrative communications from us, such as order confirmations, notifications about your account activities (e.g., account confirmations, password changes, etc.), and other important announcements.

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PAID SERVICES

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OnlyBoth offers some information for free (“Free Services”), while other information and data is by subscription and/or purchase only (“Paid Services”).  You must be 18 years of age or older to purchase access to the Paid Services or any other content, product, or service offered by us. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the order fees and any other charges incurred in connection with your account for a Paid Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your order includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your authorized form of payment. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you believe someone has accessed a Service using your user name and password without your authorization, please immediately notify us by contacting our Customer Support team. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other Third Party service.

 

The prices payable for the items you order are those displayed on this website on the date you place your order.

 

OnlyBoth reserves the right to modify its prices at any time and to cancel a contract in case of writing, printing or calculation errors.

 

Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.  OnlyBoth does not store your credit card information - it is securely stored via our credit card vendor, Braintree. You can learn more about Braintree here. Braintree will share some information with OnlyBoth about the outcomes of various transactions so we know whether to let you know that your charge was successful or not - but under no circumstances will OnlyBoth receive your actual credit card information.

 

OnlyBoth does not auto renew orders. When a new edition of the data is available, we will notify you so you can decide whether you want to purchase a new edition via a new one-time order. Access to a Paid Service will remain in effect until the Paid Service reaches its advertised End of Life date. If you breach these Terms, we may cancel your order at any time upon notice to you. You may not cancel your order after your payment is processed. You may terminate your account but without the right for a refund.

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USER CONTENT

 

Any information you send to us (e.g., creative ideas, suggestions, proposals, plans, or other materials), whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us, unless we agree in writing to the contrary. We are and shall be under no obligation (1) to maintain any information in confidence; (2) to pay compensation for any information; or (3) to respond to any communication to us.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet, except as otherwise permitted herein. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

 

COOKIES AND ADDITIONAL TERMS AND NOTICES

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We employ cookie technology as described in our Privacy Policy. Certain of our content, data and information providers require us to include additional terms and conditions relating to their content and data, which you can review in the References section of each Service.

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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

THE SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.  ONLYBOTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT ALLOWED BY LAW, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.  

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OnlyBoth does not provide, and the information provided herein shall not be used or construed as, tax, medical, and/or investment advice or to advocate the purchase or sale of any security or investment. 

 

You expressly agree that your use of, or inability to use, the Service is at your own risk.

 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

 

In no case shall OnlyBoth, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless OnlyBoth and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

 

SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

TERMINATION

 

This license shall automatically terminate if you violate any of the terms and conditions herein, and may be terminated by OnlyBoth at any time.  Upon terminating you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

 

GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania.  Any disputes arising under your use of the Service shall be brought in a court of competent jurisdiction in Allegheny County, Pennsylvania, and you hereby consent to personal and subject matter jurisdiction in such court.

 

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

CONTACT INFORMATION

 

If you have questions or suggestions about these Terms of Service, please contact us.