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Service Considerations, Terms, & Disclaimers - ONYX RESEARCH, INC.®

Service Considerations, Terms, & Disclaimers

Content & Services are provided by Onyx Research, Inc. only to support decisions. While Onyx Research, Inc. provides recommendations and guidance, final decisions rest solely with the Client.

Content on the Onyx Research, Inc. website does not provide any form of advice (investment, tax, legal).

Onyx Research, Inc. shall not be liable for any errors or inaccuracies, or for any actions taken in reliance thereon.


1. LICENSE. Clients are granted a non-exclusive, revocable, non-transferable, non sub-licensable, license to use content and services for internal business purposes. "End User" means any recipient authorized by the Client to access content and services.

2. SERVICE TERM & TERMINATION. The term and termination provisions relating to Client's access to, and use of service information, are contractually defined by Client and Vendor. Client access may be terminated or suspended immediately if any breach of terms by Clients and/or End Users occurs.

3. PROHIBITED USES. Distributing, transferring, sub-licensing, renting, lending, transmitting, selling, re-circulating, repackaging, assigning, leasing, reselling, publishing or making available Onyx Research, Inc. content or services. Information and services may not be used for any illegal purpose or contrary to the laws applicable in jurisdictions where Clients or End Users operate.

4. INTELLECTUAL PROPERTY. All copyright, database rights, trademarks, patents, rights of privacy or publicity and other proprietary or intellectual property rights (including all models, software, data and any materials) comprised in all or any services, and all enhancements, modifications or additional services thereto, are and will be the exclusive property of Onyx Research, Inc. Clients will not re-use or re-package the same (including copying, reverse engineering or disclosing information to any person external to the Client or End User) and will not remove or deface any trademarks associated with services.

5. DISCLAIMER. The Services distributed to Customer and End User shall be on "as is" basis. Onyx Research, Inc. makes no warranty, express or implied, as to the accuracy or completeness of the information or as to the results attained by Clients, End Users or others from the interaction between Client and Vendor.

6. LIABILITY. Neither Onyx Research, Inc. nor any data provider shall in any way be liable to Client, End User, or any sub-client for inaccuracies, errors, or omissions, regardless of cause, in the information provided hereunder or for any damages (whether direct or indirect) resulting therefrom. Onyx Research, Inc. shall have no liability to Clients or End Users, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute, or otherwise, in respect of any loss or damage suffered by the Client or End User as a result of or in connection with opinions, recommendations, forecasts, judgments, or conclusions, or any course of action determined by the Client or End User.

7. INDEMNITY. Customer will indemnify, defend, and hold harmless Onyx Research, Inc. and its affiliates from and against any and all losses, liabilities, damages, and costs brought by any third party accessing information from Onyx Research, Inc.

8. METHODS OF PAYMENT & CREDIT CARD TERMS. All payments must be made by VISA, MasterCard, American Express, Discover, PayPal, or check. Your card issuer agreement governs your use of your card. You must refer to that agreement to determine your rights and liabilities as a cardholder. YOU, NOT ONYX RESEARCH, INC., ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases at the rates in effect when the charges were incurred. Unless you notify Onyx Research, Inc. of discrepancies within thirty (30) days after appearance on your credit card statement, you agree to pay your balance in full. If Onyx Research, Inc. does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Onyx Research, Inc. or collection agents hired by Onyx Research, Inc.

9. SERVICE ACCEPTANCE POLICY. Your receipt of electronic or other form of communication does not signify acceptance of your service request, nor does it constitute confirmation of an offer to sell. Onyx Research, Inc. reserves the right at any time to accept or decline your service request for any reason. Your order will be deemed accepted by Onyx Research, Inc. upon delivery of products or services ordered. All orders exceeding $2000.00 (USD) require signature by a contract or procurement agent with the authority to financially commit your organization.

10. Service Considerations and limitations may not be amended unless agreed upon in writing by Onyx Research, Inc.