Acceptance of Terms
IMPORTANT – READ CAREFULLY: BY UTILIZING THE MULTIPLE EXPANSION SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Description of Service
This Service includes, and is limited to, an online blog / collection of online financial modeling and educational articles, including downloadable Excel models / templates, (collectively, the “Content”).
Subject to these Terms of Service, TableTop Data grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content (i.e., to read the articles and download any associated Excel files) solely for purposes of using the Service. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. We understand, however, that some financial professionals may modify, adapt or reuse our templates in order to create their own financial analyses to include in client pitchbooks. This is a valid and acceptable reuse of the Content. Featuring the Content on a third-party blog or otherwise copying the Content is not. If you are unsure whether your use of the Content and the/or the Service is valid under these Terms of Service, please contact us to confirm.
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Likewise, we make no representations or warranties reguarding the quality or accuracy of the Content. You use, reuse or otherwise incorporate the Content at your own risk.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and features, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a desktop or laptop computer and modem or other access device. You also understand and agree that the service may include certain communications from TableTop Data, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by TableTop Data for use in accessing the Service. TableTop Data will provide the Service in accordance with this Agreement. TableTop Data may at its sole discretion modify the features of the Service from time to time without prior notice.
Additional groupings of features may be added to the Service and made available to You as a paid upgrade (“Paid Plan”). If You choose to subscribe to a Paid Plan, You shall pay fees (described below) to TableTop Data. Upon selection of a Paid Plan, You will provide TableTop Data with the necessary billing information (“Billing Data”).
Credit cards are the only payment mechanism TableTop Data will accept for a Paid Plan. All currency references are in U.S. dollars.
If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify TableTop Data if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that TableTop Data may continue charging You for any use of the Paid Plan under your Billing Data unless You have terminated Your Paid Plan as set forth herein.
If You select a Monthly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each Month. You agree that TableTop Data may charge to Your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation (see “Termination, Breach, Suspension and Cancellation”). If You select a Yearly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that TableTop Data may charge to Your credit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account (see the “Termination, Breach, Suspension and Cancellation” section of these Terms of Service). TableTop Data will contact You via electronic mail to alert You upon each charge. TableTop Data may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the TableTop Data website and/or electronic mail. You agree that in the event TableTop Data is unable to collect the fees owed to TableTop Data for Your Account through Your Subscription Fee, TableTop Data may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by TableTop Data in connection with such collection activity, including collection fees, court costs and attorneys’ fees.
As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.
Termination, Breach, Suspension & Cancellation
If Your Subscription Fee payment is overdue, TableTop Data will disable Your access to the features provided by the Paid Plan. TableTop Data may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content contained in Your Account, and TableTop Data may delete Your Content, although residual copies of information may remain in our system for some time for back-up purposes.
If You terminate Your Account, via electronic mail to TableTop Data, TableTop Data will make all reasonable efforts to do so.
Proprietary/Intellectual Property Rights
TableTop Data and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service, excluding any third-party Content. You will not remove, deface or obscure any of TableTop Data’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to TableTop Data, its affiliates, suppliers and any other party authorized by TableTop Data to resell, distribute, or promote the Service (“Resellers”), and under such circumstances TableTop Data, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TableTop Data be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by TableTop Data or submitted to TableTop Data.
You agree that You will not:
- upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
- copy, reproduce, alter, modify, or create derivative works from our website, to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of TableTop Data or any other third party, except with the prior written consent of TableTop Data or the appropriate third party.
Content of the Service
TableTop Data takes no responsibility for any third-party Content (including, without limitation, any viruses or other disabling features), nor does TableTop Data have any obligation to monitor such third-party Content. TableTop Data reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content, which violates these Terms of Service. TableTop Data also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of TableTop Data, its users and the public. TableTop Data will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
If TableTop Data discloses such information to satisfy any applicable law, regulation, legal process or governmental request or to respond to user support requests, to the extent permitted by law, regulation or legal process, TableTop Data agrees to provide You with prompt notice of any such demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
No Resale of the Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by TableTop Data. We understand, however, that some financial professionals may modify, adapt or reuse our templates in order to create their own financial analyses to include in client pitchbooks. This is a valid and acceptable reuse of the Content.
Your Representations & Warranties
You represent and warrant that (a) all of the information provided by You to TableTop Data to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of You hereunder.
No Warranties or Representations by TableTop Data
You understand and agree that the Service is provided “as is” and TableTop Data, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on TableTop Data’s servers. TableTop Data, its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by TableTop Data or its authorized representatives shall create a warranty or in any way increase the scope of TableTop Data’s obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, TableTop Data, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
You agree to indemnify, defend and hold harmless TableTop Data, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees as and when incurred) arising from Your use of the Service, Your violation of these Terms of Service or the infringement or violation by You of any intellectual property relating to the Service or other right of any person or entity.
Modifications to Service
TableTop Data reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that TableTop Data shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
TableTop Data respects the intellectual property rights of others, and we expect our users to do the same.
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright, or of any exclusive right under the copyright, and believe that your work or intellectual property has been used in a way that constitutes infringement, please report your notice of infringement to TableTop Data by providing all necessary identifying and explanatory information via email to email@example.com. The same applies to anyone or any party, who believes their trademarks have been used improperly.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and TableTop Data is intended or created by these Terms of Service.
Limitation of Liability
In no event will TableTop Data or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if TableTop Data, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, TableTop Data’s, its affiliates’, suppliers’ and Resellers’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
Waiver & Severability
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of TableTop Data services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law & Forum
This Agreement shall be governed by and construed under the laws of the State of New York, USA, as applied to agreements entered into and to be performed in New York by New York residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving the Borough of Manhattan, in the City of New York, in the State of New York, USA.
Entire Agreement/General Provisions
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. TableTop Data may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of TableTop Data upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on TableTop Data, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You must be made via email. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to TableTop Data under this Agreement must be sent to the following electronic mail address for such purpose: firstname.lastname@example.org.