These updated Terms came into effect on [5 Ocotober, 2019, at 11.00 am GMT +1 Time] Please read these Terms and Conditions (“Terms”) closely before using the ExactVistitor.com website (the “Service”) operated by Exact Visitor LLC (Exact Visitor, “us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be subject to these Terms. If you disagree with any part of the Terms, then you may not access the Service. By accepting and agreeing to these Terms, you also accept and agree to the Data Processing Agreement (please seeData Processing Agreement) for processing personal data on our Site and during the course of your use of the Service. Furthermore do you agree this is a business transaction and all sales non-refundable, non-reversal and final as Exact Visitor is not available to consumers and you buy data and that does not fall under the consumer act accordingly to the set laws in the European Union. In addition, you may not access the Service if you are our direct competitor, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes. We, Exact Visitor, recommend that you print and keep these Terms.
The Service is run by Exact Visitor and its subsidiaries. We make certain Software applications and platforms available to our customers on our Site for the purposes of providing a business network, and support the exchange of business documents between the parties. Certain parts of the Service may be provided by our sub-contractors acting on our behalf. It is agreed as follows: The Interpretation, definitions and rules of interpretation in this clause shall apply in these Terms. “Authorized Users” = means those employees, agents and independent contractors connected to you who are authorized by you to use the Service and the Documentation. “Business Day” = means any day, which is not a Saturday, Sunday or public holiday in Denmark. “Customer Data” = means any data you and any Authorized User’s import, copy or otherwise use during the course of your use of the Service, including your own data and data from third party websites and other sources. “Documentation” = means the document made available to you online by us via our Site or such other web address notified by us to you from time to time which sets out a description of the Service and the user instructions for the Service. “Indemnified Person(s)” = Exact Visitor, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors). “Exact Visitor Platform Terms” has the meaning as set out in clause 4.1. “Service” = means the services described in Clause 3 of these Terms. “Standard” = Set of internationally agreed standards, directories and guidelines for the electronic interchange of structured data, and in particular, interchange related to trade in goods and services, between independent computerized information systems. “Site” = means Exactvisitor.com’s website (www.ExactVisitor.com); “Software” = means the online software applications provided by us as a part of the Service. “Plugin” = The Software requires Google Chrome and the plugin is needed to be operational. Clause headings shall not affect the interpretation of these Terms. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns. A reference to a company shall include any company, corporation or other corporate body, wherever and however incorporated or established. Words in the singular shall include the plural and vice versa. A reference to one gender shall include a reference to other genders. A reference to a statute or statutory provision is a reference to such as it is in force for the time being, taking account of any amendment, extension, or re-enactment and including any subordinate legislation for the time being in force. A reference to in writing or written includes faxes but not e-mail. References to clauses are to the clauses of these Terms.
1. As a condition for your use of the Service, you agree that: You are at least 18 years old; You are using the Service on behalf of a company or other legal entity; You have the authority to subject your company or other legal entity and its affiliates to these Terms; You are using the Service in the course of business, and not as a private individual or consumer; The Service is used solely in conjunction with the extraction of data from publicly accessible websites (including sites which may require a user login); You will comply with all copyright laws and rules covering such data including (but not limited to) the reproduction and resale of such data; You are not barred from using our Service under applicable law; You will not attempt to use the Service with crawlers, robots, data mining or extraction tools or any other functionality; Your use of the Service will at all times comply with these Terms; You will only engage in transactions that comply with the letter and spirit of these Terms; You have the right to provide any and all information you submit through the Service, and the information and all such information is accurate, true, current and complete; You will update and correct information you have submitted through the Service and ensure that it is accurate at all times (out-of-date information will invalidate your account); Exact Visitor will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Service. Subject to your compliance with these Terms, we hereby grant you an exclusive, non-transferable right to use the Service solely for your internal business operations. You shall not, and shall not permit Authorized Users, to access, store, distribute or transmit any Viruses, or any material during the course of your use of the Service that: are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitate illegal activity; depict sexually explicit images; promote unlawful violence; are discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or cause damage or injury to any person or property. You shall not, and shall not permit the Authorized Users to: except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or access all or any part of the Service in order to build a product or service which competes with the Service; or use the Service to provide services to third parties, except where explicitly indicated on our Site or these Terms; or license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party except you or the Authorized Users, or attempt to obtain, or assist third parties in obtaining, access to the Service and/or Documentation, other than as provided under this Clause 2. You shall use all reasonable efforts to prevent any unauthorized access to, or use of, the Service and, in the event of any such unauthorized access or use, promptly notify us. We reserve the right, without liability to you, to disable, suspend or terminate your access to the Service, the Site, your account or any material if you violate any provision of these Terms. You are responsible for all activity occurring under your or the Authorized Users use of the Service and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your or the Authorized Users use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.
Subject to your compliance with these Terms, we will provide the following services to you: A Plugin that enables you to collect data on behalf of the customer interaction. Access to the Service and the Software through our Site. Access to the Service through the chrome plugin. Additional new features added to or augmenting the Service. You acknowledge that we may charge a fee for your use of certain of the above features if those features are advertised on our Site as available for purchase, and such fees will be charged in accordance with Clause 9. We will use our reasonable efforts to publish updates and news on our Site and notify you about any planned downtime of the Service, and will use reasonable efforts to contact you directly via e-mail to warn you prior to suspension or termination of your account on our Site.