Traject Data Terms of Service
Last Updated: March 11, 2020
These Terms of Service (the “Agreement”) apply to your access and use of Traject Data for Registered Members (the “Services”) provided by Grade Us, LLC dba Traject Data and its affiliates (together, “Traject Data,” we,” “our,” or “us”). By accessing or using Traject Data websites, you (the “Member,” “you,” or “your”) agree to this Agreement. We reserve the right, at any time, to modify, alter, or update this Agreement in our sole discretion. Modifications shall become effective immediately upon being posted at Traject Data website. Your continued use of the Service after amendments are posted or the Agreement is reposted constitutes an acceptance of the then-current Agreement. We may additionally provide notice of such changes via email or through the Services, but we have no obligation to do so. If you do not agree to the amended Agreement, you must stop using our Services.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your Agreement with us if you use those Services. If there is a conflict between this Agreement and the additional terms, the additional terms will control for that conflict.
Description of Service
As part of the Services, Traject Data is providing Member with various methods of search engine monitoring services and related aspects. It is the Member’s responsibility to provide all equipment necessary to access and use the Services.
Pricing & Payment for Services
Member will pay the then-current fees for Services based on the product used. All fees, prices and additional costs are the Member’s responsibility to timely pay and are subject to change at Traject Data’s sole discretion.
All payments must be made via credit card.
Disclaimer of Warranties
Your use of the Services is at your sole risk. Except as otherwise provided in writing by us, the Services, including the Traject Data website and any content therein, are provided by Traject Data on an “as is” and on an “as available” basis without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, Traject Data does not represent or warrant that our Services are accurate, complete, reliable, content or error-free. While Traject Data attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services, servers, website or related aspects are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. Moreover, Traject Data shall have no liability for any interruptions in the use of its websites or Services.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAJECT DATA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF TRAJECT DATA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF TRAJECT DATA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO $100.
THE LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF TRAJECT DATA OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Traject Data and its officers, directors, employees, agents, partners and representatives (individually and collectively, the “Traject Data Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) content you provided or Feedback (defined below); (c) your violation of this Agreement; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Traject Data Parties of any third-party Claims, cooperate with Traject Data Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, reasonable attorneys’ fees). You also agree that the Traject Data Parties will have control of the defense or settlement, at Traject Data’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Traject Data or the other Traject Data Parties.
You may need to register for an account to access some or all of the Services. We may provide Members a password and an account to login in to certain Services. Members are solely responsible for any and all activities which occur under the Member’s account whether authorized or unauthorized. Member agrees to promptly notify Traject Data of any unauthorized use of Member’s account or any other breach of security to the Member, Member’s account or the Services that Member uses. Member’s right to use the Service is personal to the Member. Member agrees not to resell, distribute, share or make any commercial use of the Service without the express written consent of Traject Data. Abuse of trial accounts or creation of multiple trial accounts in order to avoid or circumvent payment will result in account suspension and future use of Traject Data Services and related content will be prohibited. We reserve the right to reclaim any Member account, including on behalf of businesses or individuals that hold legal claim, including trademark rights that may be associated or affiliated with any Member account.
Modifications and Interruption to Service
Traject Data reserves the right to modify or discontinue Services with or without notice to the Member. Traject Data shall not be liable to Member or any third party should Traject Data exercise its right to modify or discontinue any Service. Member acknowledges and accepts that Traject Data does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Content and Sites
Product specifications and other information may be provided by third-parties to Traject Data or collected from publicly available sources from time to time. While Traject Data makes every effort to ensure that the information used in Services or on the Traject Data websites is accurate, we make no representations or warranties as to the accuracy, completeness or reliability of any information provided. Traject Data makes no warranties or representations whatsoever with regard to any product or information provided or offered by any third-party, including Third-Party Content, and you acknowledge and agree that any reliance on representations and warranties provided by any third-party shall be at your own risk.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Traject Data and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Traject Data agree that any dispute arising out of or related to Agreement is personal to you and Traject Data and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Traject Data seeks to bring an individual action in small claims court located in King County, Washington or disputes in which you or Traject Data seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Traject Data waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement resolved in court. Instead, for any dispute or claim that you have against Traject Data or relating in any way to the Services, you agree to first contact Traject Data and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Traject Data by email at [email protected] or by certified mail addressed to Traject, 15400 SE 30th PL, Suite 202, Bellevue, WA 98007.
The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Traject Data cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in King County, Washington or may be conducted telephonically or via video conference for disputes alleging damages less than $50,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Traject Data agree that these Terms affect interstate commerce and that the enforceability of this binding arbitration provision will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Traject Data, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Traject Data agree that for any arbitration you initiate, you will pay the filing fee and Traject Data will pay the remaining JAMS fees and costs. For any arbitration initiated by Traject Data, Traject Data will pay all JAMS fees and costs. You and Traject Data agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to this Agreement or the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Traject Data will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this binding arbitration provision by contacting Traject Data in writing at [email protected] or by certified mail addressed to Traject, 15400 SE 30th PL, Suite 202, Bellevue, WA 98007. In order to be effective, you must expressly and conspicuously include a definitive statement of your intent to opt-out of this binding arbitration provision and include your full name, email address, mailing address and telephone number. You agree that opting out of this binding arbitration provision shall have no effect on the remainder of this Agreement including without limitation your consent and agreeance to the governing law and venue provision herein.
If any portion of this binding arbitration provision is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this binding arbitration provision or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this provision; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this binding arbitration provision is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this binding arbitration provision will be enforceable.
Governing Law and Venue
Any dispute arising from this Agreement and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
Compliance with Laws
Member will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for you conduct while using our Services. Member assumes all knowledge of applicable law and is solely responsible for compliance with any such laws. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Member agrees not to (i) use or attempt to use another Member’s account without authorization from that Member; (ii) impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity; (iii) sell, resell or commercially use our Services, except as expressly authorized in writing; (iv) copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us; (v) modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; (vi) use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; (vii) reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; (viii) use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services, except as expressly authorized or contemplated; (ix) develop or use any applications that interact with our Services without our prior written consent or express authorization; (x) send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; (xi) bypass or ignore instructions contained in our communications; or (xii) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement (collectively, “Prohibited Conduct”).
Enforcement of Prohibited Conduct is solely at Traject Data’s discretion, and failure to enforce violations of Prohibited Conduct in one or more instances does not constitute a waiver of our right to enforce it in other instances. Additionally, the Prohibited Conduct set forth in this Agreement does not create any private right of action on the part of any third party or any expectation that the Services will not contain any content that is prohibited by rules set forth herein.
Ownership; Limited License; Copyrights and Trademarks
All Services and content included therein or available on Traject Data websites, including site design, text, graphics, images, photographs, videos, illustrations, interfaces, the selection and arrangements thereof and other content contained therein are owned by Traject Data or our licensors and are protected under both United States and foreign laws. Expect as expressly stated in this Agreement, all rights in and to the Services and aspects of Traject Data websites are reserved by us or our licensors. Subject to your compliance with this Agreement, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services solely in the manor contemplated. Any use of Services other than as specifically authorized herein, without our prior written consent, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights and this Agreement. Such prohibited uses include without limitation, any use of materials on the Traject Data website in addition to reproduction for purposes other than those noted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Traject Data.
Traject Data is a proprietary mark of Grade Us, LLC dba Traject. Traject Data logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Traject Data and may not be copied, imitated or used, in whole or in part, without our prior written consent.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services or Traject Data websites are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Traject Data designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
15400 SE 30th PL, Suite 202
Bellevue, WA 98007
By Email: [email protected]
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Traject Data or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Traject Data’s sole discretion. You understand that Traject Data may treat Feedback as nonconfidential.
Traject Data retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Traject Data reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
To the fullest extent permitted by applicable law, you release Traject Data and the other Traject Data Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users or Members and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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 or her must have materially affected his or her settlement with the debtor.”
Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If any provision of this Agreement is unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and will remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Traject Data, in our sole discretion and without notice or consent, to a third party. You may not assign your rights under this Agreement or other agreements referenced herein to any party without the prior written consent of Traject Data, which will not be unreasonably withheld. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Except as otherwise provided herein, this Agreement and our Services are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.