TERMS AND CONDITIONS OF USE

WELCOME TO PLANALYTICS.COM. PLANALYTICS PROVIDES THIS SITE AND CONTENT TO YOU SUBJECT TO THE FOLLOWING CONDITIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR ACCESSING ANY CONTENT. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

1. General.
This site is owned and operated by Planalytics, Inc. (“Planalytics”). Planalytics has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the Content, hours of availability, and equipment needed for access or use of the site.

2. Restrictions on Use.
You shall use the site for lawful purposes only. Any conduct by you that in Planalytics’ discretion restricts or inhibits any other user from using the site will not be permitted. Planalytics makes no representations whatsoever about any other web sites which you may access from this site. When you access a non-Planalytics site, please understand that it is independent from Planalytics and that Planalytics has no control over the content on that web site. A link to a non-Planalytics web site does not mean that Planalytics accepts any responsibility for the content or use of such web site.

3. Copyright and Proprietary Rights Notices.
This site and all software, text, Content, graphics, logos, images and other design elements contained in this site (collectively, “Proprietary Elements”) are the property of Planalytics, Inc. (“we”) or our sponsors, subsidiaries or affiliates (collectively, “Business Partners”), and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. We own a copyright in this site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Proprietary Elements and other content contained in this site. Neither we nor our Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of this site, the Proprietary Elements or any content contained in this site may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights, or other laws or regulations.

None of the material on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, in whole or in part, without the prior written permission of Planalytics, Inc. or the respective copyright owner of such material.

Planalytics owns numerous trademarks and service marks, including but not limited to Planalytics®, Business Weather Intelligence®, Impact®, GasBuyer®, and EnergyBuyer®. All trademarks, service marks, product names, trade names or logos that appear on this site are the property of their respective owners.

Planalytics has numerous issued and pending patents protected by United States and international law, including but not limited to United States Patents 6,418,417; 7,031,927; 7,080,018; 7,162,444; 7,069,232; 7,184,983; 7,184,965; 7,752,106; 7,844,517; United States Patent Application No. 14/613,972; European Patent No. 0954814.

4. Disclaimer of Warranty; Limitation of Liability.
THIS SITE, THE PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE, AND THE INFORMATION, MATERIALS, REPORTS, FORECASTS, PROJECTIONS, RESULTS OR OTHER CONTENT AVAILABLE OR PROVIDED ON OR THROUGH THIS SITE (COLLECTIVELY, “CONTENT”), ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE PAST PERFORMANCE OF THIS SITE OR ANY OF THE PRODUCTS, SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE SHOULD NOT BE CONSTRUED AS A GUARANTEE OF FUTURE PERFORMANCE OR RESULTS. YOUR USE OF THIS SITE AND ANY PRODUCTS, SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLANALYTICS AND ITS BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THIS SITE AND ANY PRODUCTS, SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PLANALYTICS NOR ANY OF ITS BUSINESS PARTNERS MAKE ANY WARRANTY THAT THIS SITE OR ANY PRODUCTS, SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

PLANALYTICS IS NOT A SECURITIES BROKER OR DEALER, SECURITIES EXCHANGE, UNDERWRITER, PLACEMENT AGENT, ISSUER OR INVESTMENT ADVISOR. PLANALYTICS DOES NOT PROVIDE ADVICE REGARDING THE OFFER, PURCHASE, SALE, INVESTMENT IN OR TRADING OF SECURITIES, COMMODITY FUTURES OR COMMODITY OPTIONS. PLANALYTICS IS NOT A FUTURES COMMISSION MERCHANT, COMMODITY TRADING ADVISOR, COMMODITY POOL OPERATOR OR COMMODITY EXCHANGE. ANY REFERENCE TO BENCHMARK BID/ASK COMMODITY FUTURES PRICES ARE INCLUDED FOR INFORMATIONAL PURPOSES ONLY.

UNDER NO CIRCUMSTANCES SHALL PLANALYTICS OR ITS BUSINESS PARTNERS, OR ANY OF ITS OR THEIR SUBSIDIARIES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE OR ANY PRODUCTS, SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE, BE LIABLE FOR ANY LOSSES, LIABILITIES OR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING FROM OR IN CONNECTION WITH THIS SITE OR SUCH PRODUCTS, SERVICES OR CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE PAYMENTS THAT PLANALYTICS RECEIVED FOR THE SPECIFIC PRODUCT, SERVICE OR CONTENT THAT GAVE RISE TO THE LIABILITY.

5. Indemnification.
You agree to defend, indemnify and hold harmless Planalytics and its affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the site.

6. Changed Terms.
Planalytics has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means, including, without limitation, posting on the site. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

7. Miscellaneous.
These terms of use shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the state of Pennsylvania, acknowledge that venue is proper in any state or Federal court in the state of Pennsylvania and agree that any action related to these terms of use must be brought in a state or Federal court in the Commonwealth of Pennsylvania. No waiver by Planalytics of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.