OPEXEngine is committed to protecting the confidentiality of the survey responses and data submitted by participants of our Software and SaaS Benchmarking and users of our online services. OPEXEngine will not disclose or sell individual company financial data or any data relating to a participating company’s business operations, with the exception of publically available financial information released to the SEC.
OPEXEngine’s servers and databases are secure and may only be accessed by OPEXEngine’s analytical, technical or support personnel whose jobs specifically relate to maintaining the database or analysis of the benchmarks. Such individuals are required to maintain the security and the confidentiality of the information contained in the database and are covered by confidentiality agreements.
Rights and Title
All rights, title and interest in the databases, reports and services generated from the database and through the online services (www.opexenginesurvey.com) belong to OPEXEngine, LLC. Participating companies in the OPEXEngine Software and SaaS Benchmarking retain all rights to their individual company information.
Acceptance of Terms
Buyers of the online services may rent information for confidential use by the Buyer. Except with written consent, the Buyer shall not:
- Use or permit the use of the information for generating any statistical information which is sold, rented, published, furnished or in any manner provided to a third party;
- Use or permit the use of the information to prepare any comparison to other information data bases, which is sold, rented, published, furnished or in any manner provided to a third party;
- Re-rent the information or otherwise permit any use of the information by or for the benefit of any party other than Buyer;
- Publish, distribute or permit disclosure of the information, other than to employees and agents of the Buyer for internal use in the Buyer’s business;
- Use or permit use of the information for the purpose of compiling, enhancing, verifying, supplementing adding to, or deleting from any mailing list, geographic or trade directories, business directories, classified directories, classified advertising, or other compilation of information which is sold, rented, published, furnished or in any manner provided to a third party.
Only individuals authorized by the Buyer may access the online services.
Although every effort is made to insure the accuracy of the benchmarks and underlying data which are aggregated in the online services, we do not warrant the comprehensiveness, completeness, or accuracy of the online services. The online services are provided to the Buyer “as is” without guarantee, and we make no express or implied warranties, including without limitation, any express or implied warranties of fitness for a particular purpose.
Limitation of Liability
NEITHER OPEXENGINE NOR ITS DATA SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST PROFITS, LOSS OF USE, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, CAUSED TO ANY PERSON AS A RESULT OF THE USE OF ONLINE SERVICES OR THE DATABASES OR THE INFORMATION CONTAINED THEREIN REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS FORSEEABLE. WITHOUT LIMITING THE FOREGOING, OPEXENGINE’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE PRICE PAID BY BUYER FOR THE ONLINE SERVICES.