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platform with our Technology Partners, extend your cloud investments with
our Cloud Partners, and connect with DataRobot Services Partners to help
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TERMS OF SERVICE
Last Changes to Terms of Service: February 4, 2019
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. The
terms and conditions provided below are applicable to the DataRobot network of
websites, including the website located at datarobot.com (including any versions
optimized for viewing on a wireless or tablet device); all e-mail newsletters
published or distributed by DataRobot, Inc.; all apps published by DataRobot;
and all other interactive features and communications provided by DataRobot
(collectively, the “Services”), however accessed and/or used, that are operated
by us, made available by us, or produced and maintained by DataRobot, Inc.
(collectively “DataRobot” or “we”, “us”, or “our”) (“Website”).
THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT
GOVERN YOUR USE OF THE WEBSITE AND SERVICES. BY COMPLETING THE REGISTRATION
PROCESS, BROWSING THE WEBSITE AND/OR BY USING OUR WEBSITE OR SERVICES, YOU
(“USER” OR “YOU”) ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF
SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT
ACCESS OR USE THE WEBSITE OR SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT
LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT
USE THE WEBSITE OR SERVICES, AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO
MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR
CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS
WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE,
NO CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY. For certain of our
Services, you will also be required to execute our subscription agreement, which
will have its own terms and conditions that specifically apply to any
subscription that you purchase.
This is a legal agreement between you and DataRobot that states the material
terms and conditions that govern your use of the Website and Services. This
agreement, together with all updates, supplements, additional terms, and all of
DataRobot’s rules and policies collectively constitute this “Agreement” between
you and DataRobot. BY ACCESSING THE WEBSITE OR USING OUR SERVICES, YOU AGREE TO
BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE
AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.
PLEASE BE AWARE THAT SECTION 21.1 OF THESE TERMS, BELOW, CONTAINS PROVISIONS
GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,
INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO
THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION
AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE
SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE
ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK
RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR
RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE
GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE COMMONWEALTH OF
MASSACHUSETTS CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT
TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER
JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
1. Website Access License; Update. DataRobot grants you a limited, revocable,
non-exclusive, non-transferable license to access and make use of the
Website, the Services or the Content (defined in Section 2). This license
does not include any resale or commercial use of the Website, the Services
or the Content; any collection and use of any product listings,
descriptions, or prices; any derivative use of the Website, the Services or
the Content; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. The Website and/or any portion of the
Website, or the Services may not be reproduced, sold, resold, visited or
otherwise exploited for any commercial purpose without DataRobot’s express
written consent. You will not use any meta tags or any other “hidden text”
utilizing our name or trademarks without our express written consent.
Additionally, you agree that you will not: (i) take any action that
imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) interfere or
attempt to interfere with the proper working of the Website, the Services
or any activities conducted as part of the Website or Services; or (iii)
bypass any measures we may use to prevent or restrict access to the Website
or Services. Any unauthorized use automatically terminates the permissions
and/or licenses granted by us to you. You understand that the DataRobot
Website, Services and Content are evolving. As a result, DataRobot may
require you to accept updates to the Website, Services and Content that you
have installed on your computer or mobile device. You acknowledge and agree
that DataRobot may update the Website, Services and Content with or without
notifying you. You may need to update third-party software from time to
time in order to use the Website, Services and Content.
2. Copyright and Ownership. All of the content featured or displayed on the
Website or in the Services, including without limitation text, graphics,
photographs, images, moving images, sound, and illustrations (“Content”),
is owned by DataRobot, its licensors, vendors, agents and/or its Content
providers. All elements of the Website and the Services, including without
limitation the general design and the Content, are protected by trade
dress, copyright, moral rights, trademark and other laws relating to
intellectual property rights. The Website and the Services may only be used
for the intended purpose for which such Website and Services are being made
available. Except as permitted by copyright law, You may not modify any of
the materials and you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer or sell
any information or work contained on the Website. Except as authorized
under the copyright laws, you are responsible for obtaining permission
before reusing any copyrighted material that is available on the Website or
in the Services. You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use
of the Website. The Website, the Services, its Content and all related
rights shall remain the exclusive property of DataRobot or its licensors
unless otherwise expressly agreed. You will not remove any copyright,
trademark or other proprietary notices from material found on the Website
or the Services.
3. Trademarks/No Endorsement. All trademarks, service marks and trade names of
DataRobot used herein (including but not limited to: DataRobot name,
DataRobot corporate logo, the Website name, the Website design, and any
logos) (collectively “Marks”) are trademarks or registered trademarks of
DataRobot or its affiliates, partners, vendors or licensors. You may not
use, copy, reproduce, republish, upload, post, transmit, distribute, or
modify DataRobot trademarks in any way, including in advertising or
publicity pertaining to distribution of materials on the Website or in the
Services, without DataRobot’s prior written consent. You shall not use
DataRobot’s name or any language, pictures or symbols which could, in
DataRobot’s judgment, imply DataRobot’s endorsement in any (i) written or
oral advertising or presentation, or (ii) brochure, newsletter, book, or
other written material of whatever nature, without prior written consent.
4. Account Registration and Security. You understand that you may need to
create an account to have access to certain parts of the Website. In order
to use those restricted portions of the Website or Services, you will: (a)
provide true, accurate, current and complete information about yourself and
your business as prompted by the Website’s registration or subscription
page (such information being the “Registration Data”) and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or DataRobot has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
DataRobot has the right to suspend or terminate your account and refuse any
and all current or future use of the Website or the Services (or any
portion thereof). You are entirely responsible for the security and
confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You
will not share your account information or your user name and password with
any third party or permit any third party to logon to the Website using
your account information. You agree to immediately notify us of any
unauthorized use of your account or any other breach of security of which
you become aware. You are responsible for taking precautions and providing
security measures best suited for your situation and intended use of the
Website. We have the right to provide user billing, account, Content or use
records, and related information under certain circumstances (such as in
response to legal responsibility, lawful process, orders, subpoenas, or
warrants, or to protect our rights, customers or business). Please note
that anyone able to provide your personally identifiable information will
be able to access your account so you should take reasonable steps to
protect this information.
5. Solicited Submission Policy. Where DataRobot has specifically invited or
requested submissions or comments, DataRobot encourages you to submit
content (e.g. comments to blog posts, participation in communities, tips,
etc.) to DataRobot that they have created for consideration in connection
with the Website (“User Submissions”). User Submissions remains the
intellectual property of the individual user that submitted it. By posting
content on our Website, you expressly grant DataRobot a non-exclusive,
perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, transmit, perform and display
such content and your name, voice, and/or likeness as contained in your
User Submission, in whole or in part, and in any form throughout the world
in any media or technology, whether now known or hereafter discovered,
including all promotion, advertising, marketing, merchandising, publicity
and any other ancillary uses thereof, and including the unfettered right to
sublicense such rights, in perpetuity throughout the universe. You
acknowledge that DataRobot has no obligation to pre-screen Content from You
or other users, although DataRobot reserves the right in its sole
discretion to pre-screen, refuse or remove any Content. By entering into
these Terms of Service, you hereby provide your irrevocable consent to such
monitoring. In the event that DataRobot pre-screens, refuses or removes any
Content, you acknowledge that DataRobot will do so for DataRobot’s benefit,
not yours. Without limiting the foregoing, DataRobot shall have the right
to remove any Content that violates these Terms of Service or is otherwise
objectionable. Any such User Submissions are deemed non-confidential and
DataRobot shall be under no obligation to maintain the confidentiality of
any information, in whatever form, contained in any User Submission. You
agree that your submission of any ideas, suggestions, documents, and/or
proposals to DataRobot through its suggestion, feedback, wiki, forum or
similar pages (“Feedback”) is at your own risk and that DataRobot has no
obligations (including without limitation obligations of confidentiality)
with respect to such Feedback. You represent and warrant that you have all
rights necessary to submit the Feedback. You hereby grant to DataRobot a
fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive,
and fully sublicensable right and license to use, reproduce, perform,
display, distribute, adapt, modify, re-format, create derivative works of,
and otherwise commercially or non-commercially exploit in any manner, any
and all Feedback, and to sublicense the foregoing rights, in connection
with the operation and maintenance of the Website and Services.
6. Advertising Rights. DataRobot reserves the right to sell, license and/or
display any advertising, attribution, links, promotional and/or
distribution rights in connection with your creative submission, and
DataRobot and its licensors or affiliates will be entitled to retain any
and all revenue generated from any sales or licenses of such advertising,
attribution, links, or promotional or distribution rights. Nothing in these
additional terms obligates or may be deemed to obligate DataRobot to sell,
license or offer to sell or license any advertising, promotion or
distribution rights.
7. Third Party Links. From time to time, the Website may contain links to
websites that are not owned, operated or controlled by DataRobot or its
affiliates. All such links are provided solely as a convenience to you. If
you use these links, you will leave the Website. Neither we nor any of our
respective affiliates are responsible for any content, materials or other
information located on or accessible from any other web site. Neither we
nor any of our respective affiliates endorse, guarantee, or make any
representations or warranties regarding any other web sites, or any
content, materials or other information located or accessible from any
other web sites, or the results that you may obtain from using any other
web sites. If you decide to access any other web sites linked to or from
this Website, you do so entirely at your own risk.
8. Transactional Partners. In some cases we partner with another company to
co-promote their services within our Website. In these cases, you are
transacting directly with the other party. On those pages, the
transactional partners’ brand is clearly visible and their terms of service
are posted. When using these partner pages, you are bound by partner terms
of service in addition to remaining bound by DataRobot Terms of Service.
When there is a conflict between these Terms of Service and the partner’s
terms of service, their terms of service will prevail.
9. Inappropriate Material. You are prohibited from posting or sending any
unlawful, threatening, defamatory, libelous, obscene, pornographic or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offense or give rise to civil
liability, or otherwise violate any law. In addition to any remedies that
we may have at law or in equity, if we determine, in our sole discretion,
that you have violated or are likely to violate the foregoing prohibitions
or the rules in our commenting FAQs linked to here, we may take any action
we deem necessary to cure or prevent the violation, including without
limitation, banning you from leaving comments or participating in our
forums and communities and/or the immediate removal of the related
materials from the Website at any time without notice. We will fully
cooperate with any law enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity of anyone posting such
materials.
10. Payment and Fees. For all charges or deposits for any events, products and
Services sold on or through the Website, DataRobot or its vendors or agents
will bill your bank card or alternative payment method offered by
DataRobot. When you provide bank card information, account numbers or other
information necessary to facilitate payment to us or our vendors, you
represent to us that you are the authorized user of the bank card that is
used to pay for the products and services. In the event legal action is
necessary to collect on balances due, you agree to reimburse DataRobot and
its vendors or agents for all expenses incurred to recover sums due,
including attorneys’ fees and other legal expenses. You are responsible
for purchase of, and payment of charges for, all Internet access services
and telecommunications services needed for use of the Website or Services.
You understand that we will hold and store such bank card or payment
information to facilitate payment and deposit, damage reimbursement, and
other liability purposes.
11. Access and Interference. You agree that you will not use any robot, spider,
scraper or other automated means to access the Website for any purpose
without our express written permission. Additionally, you agree that you
will not: (i) take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load on our
infrastructure; (ii) interfere or attempt to interfere with the proper
working of the site or any activities conducted on the Website; or (iii)
bypass any measures we may use to prevent or restrict access to the
Website.
12. Right to Takedown Content. Except as disclosed in our Privacy Policy, we
will not monitor, edit, or disclose the contents of a user’s e-mail unless
required in the course of normal maintenance of the Website and its systems
or unless required to do so by law or in the good-faith belief that such
action is necessary to: (1) comply with the law or comply with legal
process served on DataRobot or the Website; (2) protect and defend the
rights or property of DataRobot, the Website, or the users of the Website;
or (3) act in an emergency to protect the personal safety of our guests,
the Website, or the public. Users shall remain solely responsible for the
content of their messages and DataRobot shall have no obligation to
prescreen any such content. However, we shall have the right in our sole
discretion to edit, refuse to post or remove any material submitted to or
posted on the Website at any time without notice. Without limiting the
foregoing, we shall have the right to remove any material that we find to
be in violation of the provisions hereof or otherwise objectionable, and
the additional right to deny any user who fails to conform to any provision
of these Terms of Service access to the Website.
13. Representations and Warranties. You represent that You are over the age of
18, have the right and authority to enter into this Agreement, are fully
able and competent to satisfy the terms, conditions, and obligations
herein, and Your use of the Website is and will be in compliance with all
applicable laws. You have read, understood, agree with, and will abide by
the terms of this agreement.
14. DISCLAIMERS. YOUR USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR RISK. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE
PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DATAROBOT, NOR ANY OF
ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION,
MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF
DATE, AND NEITHER DATAROBOT, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT
OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
FROM DATAROBOT OR THROUGH THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
15. LIMITATIONS OF LIABILITY. DATAROBOT DOES NOT ASSUME ANY RESPONSIBILITY, OR
WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR
COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR
ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR USING THE
SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS
WEBSITE. IN NO EVENT WILL DATAROBOT, OR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY
PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE,
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, OR
THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE
EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY MATERIALS, INFORMATION OR
SERVICES CONTAINED ON ANY OR ALL OF THE WEBSITE, YOU AGREE THAT YOUR SOLE
REMEDY IS TO CEASE USING THE WEBSITE AND SERVICES. IN NO EVENT SHALL
DATAROBOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US
$25.00) OR (B) THE VALUE OF THE SERVICES PURCHASED OR SUBSCRIBED BY YOU ON
THE WEBSITE.
16. Indemnity. You agree to defend, indemnify and hold DataRobot and any
affiliated company or individual harmless from any and all liabilities,
costs, and expenses, including reasonable attorneys’ fees, related to or in
connection with (i) the use of the Website, the Services or the internet or
your placement or transmission of any message or information on this
Website by you or your authorized users; (ii) your violation of any term of
this Agreement, including without limitation, your breach of any of the
representations and warranties above; (iii) your violation of any third
party right, including without limitation any right of privacy, publicity
rights or Intellectual Property Rights; (iv) your violation of any law,
rule or regulation of the United States or any other country; (v) any claim
or damages that arise as a result of any User Submission that you provide
to DataRobot; or (vi) any other party’s access and use of the Website with
your unique username, password or other appropriate security code.
17. Release. In the event that you have a dispute with one or more other users
of the Website, you release DataRobot (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
18. Termination. You or we may suspend or terminate your account or your use of
this Website or access to the Services, at any time, for any reason or for
no reason. You are personally liable for any orders placed or charges
incurred through your account prior to termination. We may also block your
access to our Website and/or the Services in the event that (a) you breach
these Terms of Service; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions may
cause financial loss or legal liability for you, our users or us.
19. Force Majeure. Neither DataRobot nor you shall be responsible for damages
or for delays or failures in performance resulting from acts or occurrences
beyond their reasonable control, including, without limitation: fire,
lightning, explosion, power surge or failure, water, acts of God, war,
revolution, civil commotion or acts of civil or military authorities or
public enemies: any law, order, regulation, ordinance, or requirement of
any government or legal body or any representative of any such government
or legal body; or labor unrest, including without limitation, strikes,
slowdowns, picketing, or boycotts; inability to secure raw materials,
transportation facilities, fuel or energy shortages, or acts or omissions
of other common carriers.
20. Privacy. DataRobot’s data collection and use practices, including data
collection and use of personally identifiable information can be found in
DataRobot’s Privacy Policy.
21. Dispute Resolution. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN
THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. It requires you to
arbitrate disputes with DataRobot and limits the manner in which you can
seek relief from us.
* Applicability of Arbitration Agreement. You agree that any dispute or
claim relating in any way to your access or use of the Services or to any
aspect of your relationship with DataRobot, will be resolved by binding
arbitration, rather than in court, except that (1) you may assert claims
in small claims court if your claims qualify, and (2) you or DataRobot
may seek equitable relief in court for infringement or other misuse of
intellectual property rights (such as trademarks, trade dress, domain
names, trade secrets, copyrights, and patents). This Arbitration
Agreement shall apply, without limitation, to all claims that arose or
were asserted before the Effective Date of these Terms or any prior
version of these Terms.
* Arbitration Rules and Forum. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement. To begin
an arbitration proceeding, you must send a letter requesting arbitration
and describing your claim to our registered agent, National Registered
Agents, Inc. 155 Federal Street; Suite 700, Boston, MA 02110. The
arbitration will be conducted by JAMS, an established alternative dispute
resolution provider. Disputes involving claims and counterclaims under
$250,000, not inclusive of attorneys’ fees and interest, shall be subject
to JAMS’s most current version of the Streamlined Arbitration Rules and
procedures available at
https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims
shall be subject to JAMS’s most current version of the Comprehensive
Arbitration Rules and Procedures, available at
https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules
are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
If JAMS is not available to arbitrate, the parties will select an
alternative arbitral forum. If the arbitrator finds that you cannot
afford to pay JAMS’s filing, administrative, hearing and/or other fees
and cannot obtain a waiver from JAMS, DataRobot will pay them for you.
In addition, DataRobot will reimburse all such JAMS’s filing,
administrative, hearing and/or other fees for claims totaling less than
$10,000 unless the arbitrator determines the claims are frivolous. You
may choose to have the arbitration conducted by telephone, based on
written submissions, or in person in the country where you live or at
another mutually agreed location. Any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction.
* Authority of Arbitrator. The arbitrator shall have exclusive authority
to (a) determine the scope and enforceability of this Arbitration
Agreement and (b) resolve any dispute related to the interpretation,
applicability, enforceability or formation of this Arbitration Agreement
including, but not limited to any claim that all or any part of this
Arbitration Agreement is void or voidable. The arbitration will decide
the rights and liabilities, if any, of you and DataRobot. The arbitration
proceeding will not be consolidated with any other matters or joined with
any other cases or parties. The arbitrator shall have the authority to
grant motions dispositive of all or part of any claim. The arbitrator
shall have the authority to award monetary damages and to grant any
non-monetary remedy or relief available to an individual under applicable
law, the arbitral forum’s rules, and these Terms (including the
Arbitration Agreement). The arbitrator shall issue a written award and
statement of decision describing the essential findings and conclusions
on which the award is based, including the calculation of any damages
awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of
the arbitrator is final and binding upon you and us.
* Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL
AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE
OR A JURY. You and DataRobot are instead electing that all claims and
disputes shall be resolved by arbitration under this Arbitration
Agreement, except as specified in Section 21.1(a) above. An arbitrator
can award on an individual basis the same damages and relief as a court
and must follow these Terms as a court would. However, there is no
judge or jury in arbitration, and court review of an arbitration award is
subject to very limited review.
* Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND
DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS,
ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER
OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER. If a decision is issued stating that applicable law
precludes enforcement of any of this subsection’s limitations as to a
given claim for relief, than then claim must be severed from the
arbitration and brought into the State or Federal Courts located in the
Commonwealth of Massachusetts. All other claims shall be arbitrated.
* 30-Day Right to Opt Out. You have the right to opt out of the provisions
of this Arbitration Agreement by sending written notice of your decision
to opt out to legal@datarobot.com within 30 days after first becoming
subject to this Arbitration Agreement. Your notice must include your
name and address, your DataRobot username (if any), the email address you
used to set up your DataRobot account (if you have one), and an
unequivocal statement that you want to opt out of this Arbitration
Agreement. If you opt out of this Arbitration Agreement, all other
parts of these Terms will continue to apply to you. Opting out of this
Arbitration Agreement has no effect on any other arbitration agreements
that you may currently have, or may enter in the future, with us.
* Severability. Except as provided in subsection 21.1(e), if any part or
parts of this Arbitration Agreement are found under the law to be invalid
or unenforceable, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Arbitration
Agreement shall continue in full force and effect.
* Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with DataRobot.
* Modification. Notwithstanding any provision in these Terms to the
contrary, we agree that if DataRobot makes any future material change to
this Arbitration Agreement, you may reject that change within thirty (30)
days of such change becoming effective by writing DataRobot to
legal@datarobot.com.
22. General. Any claim relating to, and the use of, this Website, the Services
and the materials contained herein is governed by the laws of the
Commonwealth of Massachusetts. You consent to the exclusive jurisdiction of
the state and federal courts located in Suffolk County, Massachusetts. A
printed version of these Terms of Service will be admissible in judicial
and administrative proceedings based upon or relating to these Terms of
Service to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. We do not guarantee continuous, uninterrupted or secure
access to our Website or the Services, and operation of the Website may be
interfered with by numerous factors outside of our control. If any
provision of these Terms of Service is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced. You agree that these Terms of Service and all incorporated
agreements may be automatically assigned by DataRobot in our sole
discretion. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. These Terms of
Service set forth the entire understanding and agreement between us with
respect to the subject matter hereof. All sections which by their context
ought to survive this agreement shall survive any termination or expiration
of this Agreement.
23. Entire Agreement. These terms and conditions are the entire agreement
between the user and DataRobot and supersede any prior understandings or
agreements (written or oral).
24. Additional Assistance. If you do not understand any of the foregoing Terms
of Service or if you have any questions or comments, we invite you to
contact our Customer Service Department by email at support@datarobot.com.
25. Copyright Notice. All Website design, graphics, text selections,
arrangements, and all software are Copyright © 2018, DataRobot, Inc. or its
licensors. ALL RIGHTS RESERVED.
Who Is DataRobot?
DataRobot is the leader in Value-Driven AI, empowering organizations to
accelerate AI from idea to impact. With over a decade at the forefront of AI
innovation, we know what it takes to make a real difference – to your bottom
line, to your business vision, and to the world around us.
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service mark of Gartner, Inc. and/or its affiliates and is used herein with
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