Terms of Use

Welcome to www.milkorwater.com . These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “MilkorWater Services”).

The MilkorWater Services are offered to you subject to your acceptance, without modification (other than Special Terms (as defined below) agreed by the parties pursuant to these Terms of Service), of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy , the Guidelines (as defined below) and any future modifications thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the MilkorWater Services (collectively, the “Terms”). When accepted by you (as defined below), these Terms form a legally binding contract between you and Supplier (as defined below).

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE MILKORWATER SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE MILKORWATER SERVICES.

Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the MilkorWater Services to anyone who violates these Terms.

If you register for a free trial of the MilkorWater Services, the applicable provisions of these Terms will govern that free trial.

1. Definitions

Account

the primary means for accessing and using the MilkorWater Services, subject to payment of a Fee designated in the selected Plan;

Authorization

the set of rights and privileges on the Web Site assigned to a User;

User Data

Files and any other digital data and information, which is subjected to the MilkorWater Services or otherwise inserted to the System by the User (including the favorites such as stocks, analysts, portfolio details, personal details );

Content

any data and information available through MilkorWater Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments;

Fee

regular payment for using the activated Account;

Files

documents of any kind (images, spreadsheets, text files, etc.) that are inserted to the System by the User;

Free Trial

temporary access for the purposes of trying out the Web Site and MilkorWater Services in accordance with any selected Plan without paying a Fee;

Guidelines

additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Platform or otherwise made available on or through the MilkorWater Services;

MilkorWater India

MilkorWater India, a private limited company established under the laws of India, having its principal place of business at Jayabheri Silicon County #Alpha 109, Hyderabad 500 084, India, and registered in India;

MilkorWater Materials

the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the MilkorWater Services;

MilkorWater Services

the Web Site, Services, System, Content, Platform and all content, services and/or products available on or through the Platform;

MilkorWater US

Kneo Labs LLC ., a corporation established under the laws of the State of Delaware (United States of America), having its registered office at 108 West 13th Street, Wilmington, Delaware 19801;

Plan

various criteria related to the use and functionality of the MilkorWater Services and on which the Fee is based;

Special Terms

any particulars, specifications and conditions by which the parties have agreed to deviate from these Terms;

Supplier

as the context requires, MilkorWater US or MilkorWater EU; and collectively, the “Suppliers”;

System

the integrated cloud computing solution for providing the MilkorWater Services, including applications, software, hardware, data bases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith;

User

a natural or legal person who has accepted these Terms with the Supplier;and is granted Authorization to use the Account;

Web Site

the compilation of all web documents (including images, js , css and html files) made available via www.milkorwater.com or its sub domains or domains with identical names under other top domains and owned by Supplier.

2. Authority to Enter into These Terms with Supplier

The use of the MilkorWater Services is subject to acceptance of these Terms. To accept these Terms for itself, the User must be at least 18 years of age or have valid authorization from his/her legal representative or custodian.

The Terms are accepted as soon as one of the following occurs first:

a. the person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her Account; or

b. for those MilkorWater Services and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.

You may not, without Supplier’s prior written consent, access the MilkorWater Services (i) for production purposes, (ii) if you are a competitor of MilkorWater, (iii) to monitor the availability, performance or functionality of the MilkorWater Services or (iv) for other benchmarking or competitive purposes.

Once accepted, these Terms remain effective until terminated as provided for herein.

3. Modifications to Terms

Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the MilkorWater Services. Please check these Terms periodically for changes. Your continued use of the MilkorWater Services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the MilkorWater Services, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.

4. Our Responsibilities

4.1. Provision of MilkorWater Services . Supplier will (a) make the MilkorWater Services, Content and User Data available to a User pursuant to these Terms, (b) provide applicable standard support for the MilkorWater Services to User at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the MilkorWater Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Supplier shall give advance electronic notice as provided in the Guidelines), and (ii) any unavailability caused by circumstances beyond Supplier’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.

4.2. Protection of User Data . Supplier will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Data, as described in the Guidelines. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of User Data by Supplier personnel except (a) to provide the MilkorWater Services and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 7.5 (Compelled Disclosure) below, or (c) as a User expressly permit in writing.

The Services may be performed using equipment or facilities located in the United States or elsewhere in the world.

5. Using the MilkorWater Services

5.1 Establishing an Account . Certain features, functions, parts or elements of the MilkorWater Services can be used or accessed only by holders of an Account. The person who wishes to create an Account must:

a. complete the sign-up form on the Web Site; and

b. accept these Terms by clicking “Sign up” or other similar button

Each User may have only one Account.

The User associated with an Account must provide Supplier with true, accurate, current, and complete information about the User, Users or Account and keep it up to date.

5.2 Logging Into an Account . Supplier shall provide User with a username and password (“Login Credentials”) for be used to log in to its Account. These Login Credentials must not be used by multiple persons. User is responsible for keeping confidential all login credentials associated with an Account. User must promptly notify Supplier of any disclosure, loss or unauthorized use of any Login Credentials;

5.3 Termination of Account . User may terminate these Terms at any time as provided in Section 16. Supplier shall permanently delete the Account as soon as reasonably practicable after the effective date of the termination.

5.4 Fees. The use of an Account is subject to a Fee. Upon sign-up for an Account, the User must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are refundable during the current duration of the Plan. If, after signing up, User elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.

Unless explicitly stated with the Plan, all Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. User is solely responsible for the payment of such taxes, levies or duties.

5.5 Changing Plans . Any User has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Supplier. In such an event, the User’s credit card on file with the Supplier will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.

Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of User Data.

5.6 Free Trial. A new User may be entitled to a Free Trial. The User is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated or downgraded to the Plan that is free. In order to prevent downgrade, deactivation or to reactivate the Account, the User is required to select a suitable Plan and pay the Fee. If the User does not pay the Fee after the expiry of the Free Trial, Supplier has the right to permanently delete the Account, including all User Data therein.

In addition to the current collection of Plans, Supplier may offer special discounts and motivation schemes (for example finder’s fees, etc.).

6. Payment

6.1 Credit Card Authorization . Supplier may seek pre-authorization of User’s credit card account prior to your purchase of MilkorWater Services in order to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize Supplier to charge all sums described in these Terms to such credit card account. You agree to provide Suppler updated information regarding your credit card account upon Supplier’s request and any time the information earlier provided is no longer valid.

User data

7.1 Uploading User Data to Platform . If the User uploads User Data to the Platform, such User Data and any processing of such User Data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the User Data belong to the User whether posted and/or uploaded by you or made available on or through the MilkorWater Services by Supplier. By uploading User Data to the Platform, User authorizes Supplier to process the User Data. The User is responsible for ensuring that:

a. the User associated with the Account does not create, transmit, display or make otherwise available any User Data that violates the terms of these Terms, the rights of Supplier, other Users or persons or is harmful (for example viruses, worms, malware and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, invasive of another’s privacy, defamatory, hateful or otherwise unlawful; and

b. the User associated with the Account have the necessary rights to use the User Data, including to insert it into the Platform and process it by means of the Account.

7.2 No Guarantee of Accuracy . Supplier does not guarantee any accuracy with respect to any information contained in any User Data, and strongly recommends that you think carefully about what you transmit, submit or post to or through the MilkorWater Services. You understand that all information contained in User Data is the sole responsibility of the person from whom such User Data originated. This means that User, and not Supplier, is entirely responsible for all User Data that is uploaded, posted, transmitted, or otherwise made available through the MilkorWater Services, as well as for any actions taken by the Suppliers or other Users as a result of such User Data.

7.4 Unlawful User Data . Supplier is not obliged to pre-screen, monitor or filter any User Data or acts of its processing by the User in order to discover any unlawful nature therein. However, if such unlawful User Data or the action of its unlawful processing is discovered or brought to the attention of Supplier or if there is reason to believe that certain User Data is unlawful, Supplier has the right to:

a. notify the User of such unlawful User Data;

b. deny its publication on the Web Site or its insertion to the System;

c. demand that the User bring the unlawful User Data into compliance with these Terms and applicable law;

d. temporarily or permanently remove the unlawful User Data from the Web Site or Account, restrict access to it or delete it.

If Supplier is presented convincing evidence that the User Data is not unlawful, Supplier may, at its sole discretion, restore such User Data, which was removed from the Web Site or Account or access to which was restricted.

In addition, in the event Supplier believes in its sole discretion User Data violates applicable laws, rules or regulations or these Terms, Supplier may (but has no obligation), to remove such User Data at any time with or without notice.

Without limiting the generality of the preceding sentence, MilkorWater US complies with the Digital Millennium Copyright Act, and will remove User Data from the Platform upon receipt of a compliant takedown notice.

7.5 Compelled Disclosure . Supplier may disclose a User’s confidential information to the extent compelled by law to do so. In such instance, Supplier will use commercially reasonable efforts to provide User with prior notice of the compelled disclosure (to the extent legally permitted) and User shall provide reasonable assistance, at its cost, if User wishes to contest the disclosure. If Supplier is compelled by law to disclose Users’s confidential information as part of a civil proceeding to which Supplier is a party, and User is not contesting the disclosure, User will reimburse Supplier for its reasonable cost of compiling and providing secure access to that confidential information.

8. Services

8.1 Use of the MilkorWater Services . Subject to these Terms, and the payment of the applicable service Fee, Supplier grants User a non-exclusive, non-transferable, non-sub-licensable license to use the MilkorWater Services to:

a. collect, store and organize User Data;

b. modify and delete User Data;

c. receive reasonable help and guidance and from Supplier regarding the use of the MilkorWater Services.

8.2 Technical Support. Supplier shall provide reasonable technical support to User at the reasonable request of the User. Supplier shall respond to enquiries of support from a User utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Users who have accepted these Terms but do not have an Account may be less expedient, or may not occur at all.

The contacts for all enquiries of support are:

a. instant messaging,

b. built-in notification application on the Web Page,

c. e-mail: support@MilkorWater.com

8.3 Modifications to Service . Supplier reserves the right to modify the MilkorWater Services or any part or element thereof from time to time without prior notice, including, without limitation:

a. rebranding the MilkorWater Services at its sole discretion;

b. ceasing providing or discontinuing the development any particular MilkorWater Service or part or element of the Platform temporarily or permanently;

c. taking such action as is necessary to preserve Supplier’s rights upon any use of the MilkorWater Services that may be reasonably interpreted as violation of Supplier’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.

As applicable, User may be notified of such modifications when logging in to the Account. Modifications, including change in applicable rates for the MilkorWater Services, will notified atleast thirty (30) days before the effective date of such modification. If the User does not accept the modification, the existing Terms will terminate at the end of the Subscription period. The User’s continued use of the MilkorWater Services, or any part or element thereof, after effective date of modifications shall indicate its consent to the modifications. Supplier shall not be liable to the User for any modification, suspension or discontinuance of the MilkorWater Services, or any part or element thereof.

9. Restrictions

9.1 Prohibited Activities . Users may use the MilkorWater Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, the User may:

a. use the MilkorWater Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;

b. copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the MilkorWater Services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that the Supplier is not permitted by that applicable law to exclude or limit the foregoing rights;

c. use the MilkorWater Services or any part or element thereof unless it has agreed to these Terms.

9.2 Certain Uses Require Supplier Consent . The User may not, without Supplier’s prior express written consent (e-mail, fax, Skype, etc.):

a. sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant Access or make the MilkorWater Services available in whole or in part to any third persons;

b. use the MilkorWater Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;

c. use the MilkorWater Services or any part or element thereof by means of programs that send them automatic enquiries or requests, unless such program has been made available by Supplier;

10. Privacy

Supplier takes the privacy of its Users very seriously. Supplier’s Privacy Policy at www.milkorwater.com/privacy .htm is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs Supplier’s collection, use, and disclosure of User’s personal information.

11. Intellectual Property Rights

11.1 MilkorWater’s Intellectual Property Rights in the MilkorWater Services . The MilkorWater Services, MilkorWater Materials, MilkorWater trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Supplier and its third party vendors and hosting partners. MilkorWater Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Supplier, its affiliates and licensors retains all right, title and interest in such MilkorWater Services, MilkorWater Materials, MilkorWater trade names and trademarks, and any parts or elements. Your use of the MilkorWater Services and MilkorWater Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the MilkorWater Materials is strictly prohibited unless you have received the express prior written permission from Supplier or the otherwise applicable rights holder. Supplier reserves all rights to the MilkorWater Services, MilkorWater Materials and MilkorWater trade names and trademarks not expressly granted in the Terms.

11.2 Content Owned by MilkorWater . Subject to these Terms and the payment of the applicable service Fee, Supplier grants the User a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of the Content, which has been explicitly enabled by MilkorWater Services, solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the MilkorWater Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the MilkorWater Services or as otherwise permitted by applicable law.

11.3 User data.

a. Supplier may use User Data in an aggregated and anonymized format for research, educational and other similar purposes. Supplier may not otherwise use or display User Data without User’s written consent. Supplier respects your right to exclusive ownership of your User Data. Unless specifically permitted by you, your use of the MilkorWater Services does not grant Supplier the license to use, reproduce, adapt, modify, publish or distribute the User Data created by you or stored in your Account for Supplier’s commercial, marketing or any similar purpose. User expressly grants Supplier the right to use and analyze aggregate system activity data associated with use of the MilkorWater Services by the User for the purposes of optimizing, improving or enhancing the way the MilkorWater Services operate, and to create new features and functionality in connection with the MilkorWater Services in the sole discretion of Supplier.

b. User is solely responsible for its own User Data and the consequences of posting or publishing them on or through the MilkorWater Service. In connection with User Data, User affirms, represents, and warrants that: (i) User either owns its User Data or has the necessary licenses, rights, consents, and permissions to use and authorize the Suppliers to display or otherwise use the User Data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your User Data in a manner consistent with the intended features of the MilkorWater Services and these Terms, and to grant the rights and license set forth in Section 11.3(a), and (ii) User Data, Supplier’s or any MilkorWater Licensee’s use of such User Data pursuant to these Terms, and Supplier’s or any MilkorWater Licensee’s exercise of the license rights set forth in Section 11.3(a), do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation anywhere in the world; or (c) require obtaining a license from or paying any fees and/or royalties by Supplier to any third party for the performance of any MilkorWater Services User has chosen to be performed by Supplier or for the exercise of any rights granted in these Terms, unless User and Supplier otherwise agree.

11.4 Feedback . If User provides Suppliers with any comments, bug reports, feedback, or modifications for the MilkorWater Services (“Feedback”), Supplier shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the MilkorWater Services. User (as applicable) hereby grants Supplier a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your Feedback for any purpose.

12. Third-Party Sites, Products and Services

The MilkorWater Services may include links to other websites or services (“Linked Sites”) solely as a convenience to the User. Supplier does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Supplier makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Any content referred to as community provided is provided by third parties and not developed or maintained by MilkorWater. By using any community marked code or libraries in your software development, you acknowledge and agree that MilkorWater is not in any way responsible for the performance or damages caused by such community provided code or library.

13. Disclaimers; No Warranty

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, THE MILKORWATER SERVICES, MILKORWATER MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MILKORWATER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPPLIER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND ITS AFFILIATES DO NOT WARRANT THAT THE MILKORWATER SERVICES AND ANY CONTENT, USER DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MILKORWATER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MILKORWATER SERVICES AND ANY CONTENT, USER DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MILKORWATER SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE MILKORWATER SERVICES, MILKORWATER MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Indemnification

You agree to defend, indemnify and hold harmless Supplier and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the MilkorWater Services, MilkorWater Materials, representations made to the Supplier, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Supplier reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Supplier, and you agree to cooperate with such defense of these claims.

15. Limitation of Liability

15.1 No Liability : Supplier shall not be liable to the User for any consequences resulting from:

a. any modifications in these Terms, calculation and rates of Fees, the MilkorWater Services, MilkorWater Material, or any part or element thereof (including but not limited to Account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the MilkorWater Services or MilkorWater Material;

b. deletion of, corruption of, or failure to store any User Data;

c. use of User Data associated with the Account;

d. upgrading or downgrading the current Plan;

e. any disclosure, loss or unauthorized use of the login credentials of User due to User’s failure to keep them confidential;

f. the User’s use of the Account or the MilkorWater Services by means of browsers other than those accepted or supported by the Supplier;

g. the application of any remedies against the Users= by the Supplier, for example if the User has committed a crime or conducted a breach of applicable law by using the MilkorWater Services or any part or element thereof;

h. the differences between technologies and platforms used for access, for example if certain features, functions, parts or elements of the MilkorWater Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;

i.the Supplier’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.

In addition, Supplier and its affiliates shall not be liable to the User for any claim by any User, person, Organization or third persons against the User arising out of the User’s failure to:

a. provide Supplier with accurate information about the User;

b. ensure the lawfulness of the User Data;

c. obtain the necessary rights to use the User Data; or

d. abide by any of the restrictions described in these Terms.

15.2 Limitation of Liability . IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MILKORWATER AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY USER HEREUNDER FOR THE MILKORWATER SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT USER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION ABOVE.

15.3 Exclusion of Consequential and Related Damages . IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

16. Termination of These Terms

16.1 For Convenience . These Terms may be terminated for convenience upon written notice to the other party as indicated in the “Notice” Section below:

a. by the User any time by clicking the no-questions-asked cancellation link on the Web Site, when logged in to the Account;

b. by Supplier upon decision to end provision of the MilkorWater Services and close the Platform; or

c. immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

16.2 For Default . These Terms may be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:

a. by either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or

b. immediately by either party if the other party breaches its obligations, as applicable under Sections 11 [Intellectual Property Rights] and 14 [Indemnification] of these Terms.

16.3 Effect of Termination . Upon termination of these Terms,

a. Supplier shall deactivate and permanently delete the Account, as soon as reasonably practicable after the effective date of termination of these Terms. If the User has specifically requested for an earlier deletion of the Account, Supplier shall fulfill such request within 1 month of its receipt of such request.

b. User must:

1. stop using and prevent the further usage of the MilkorWater Services, including, without limitation, the Platform;

2. pay any amounts owed to Supplier under these Terms; and

3. discharge any liability incurred by the User before under these Terms prior to their termination; and

c. The following provisions shall survive the termination of these Terms: Sections 1, 7.5, 9, 10, 11, 13, 14, 15, 17 and 18.

16.4 Remedies .

If Supplier terminates these Terms as a result of an uncured breach by a User, Supplier is entitled to use the same or similar remedies against any other persons who use the MilkorWater Services in conflict with these Terms. Notwithstanding the foregoing, Supplier may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the User may lose Access or suffer a loss of certain features, functions, parts or elements of the MilkorWater Services.

If Supplier has reasonable grounds to believe that the User’s use of the MilkorWater Services, including the Account may harm any third persons, Supplier has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.

17. Who You Are Contracting With

17.1 General . The Supplier with whom User is contracting depends on the domicile of the User. The Supplier determines the domicile of the User based on the country indicated in the billing address of the User.. During the Free Trial, the Supplier determines the domicile of the User based on the location indicated in the IP-address of the User. By accepting these Terms, the User is contracting with the Supplier listed opposite such User’s domicile in the following table.

User’s domicile:

Supplier:

Supplier’s contact:

United States of America and all of its territories, Canada

MilkorWater US

e-mail:
support@milkorwater.com


registered address:
Kneo Labs, LLC

108 West 13th Street, Wilmington, Delaware 19801USA

All other areas

MilkorWater India

e-mail:
support@milkorwater.com


postal address:
Jayabheri Silicon County #109, Hitech City Road, Hyderabad 500 084, India

17.2 Governing Law and Jurisdiction . In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, the dispute shall be finally solved in court or by arbitration as designated herein subject to the terms and conditions set forth below.

The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to these Terms. Any questions relating to these Terms which are not expressly or implicitly settled by the provisions contained in these Terms shall be governed by and construed in accordance with the following:

User’s domicile:

Governing law; Dispute Resolution::

United States of America and all of its territories, Canada

These Terms (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Unless otherwise agreed in writing by the User and MilkorWater US, any dispute arising out of or relating to these Terms, or the breach thereof, shall be governed by the terms set forth in this Section 17.2.

All other areas

These Terms (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of the Republic of India, without giving effect to any principles of conflicts of law.

For Users domiciled in the United States, any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in New York, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in New York, New York. Use of the MilkorWater Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

If any part of this provision is ruled to be unenforceable, then the balance of this provision shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

Notwithstanding the foregoing, you and the Suppliers agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a court of law, or (iii) to file suit in a court of law to address intellectual property infringement claims.

18. General Provisions

18.1 Relationship of the Parties . The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the User and either Supplier, and the User shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.

18.2 Severability . If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

18.3 Assignment . User may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Supplier’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the User, or its permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the User, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the User, or its permitted successive assignees or transferees.

18.4 No Waiver . Failure of either Party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.

18.5 Notices . Except as otherwise specified in these Terms, all notices related to these Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, the day of sending by email. Billing-related notices to you will be addressed to the relevant billing contact designated by you. All other notices to you will be addressed to the relevant Services system administrator designated by you.

Last update: May, 2017




What customers have to say about MilkorWater

There are many sites who display analyst ratings but none keeps track of whether the rating came true or went bust. This gives a free ticket to analyst and lot of investors lose money by following these analysts. This is the only site I know of, which keeps track of not only analyst ratings but also the eventual outcome. Hope this brings some sanity to analyst recommendations and separate good apples from bad ones.

- Nathan

I am really impressed with this web site information in today's Gujrati mid-day. ...your team will make win-win situation in the life of the individual investor. .. Thanks for such a unique thinking as analyst of the analysts.

- Veej

 
Unregistered Users
Registered Users (FREE)

Stock Recommendations

   
Recommendations by Top Ranked Analysts close ok
Recommendations by all other Analysts ok ok
Extreme Upside Recommendations by Top Ranked Analysts close ok
Extreme Downside Recommendations by Top Ranked Analysts close ok

Analysts Ranking

   
Top Ranked Analysts close ok
Top Ranked Analysts by Sector close ok
Top Ranked Analysts by Stock close ok

Favourites/Watchlists

close ok
Sign Up

First Name:*

Last Name:*

Email:*

Password:*

Gender:

Age:

I invest in:
Stocks Mutual Funds
Fixed Deposits Gold
Commodities
I learnt about MilkorWater from:
Friends Colleague
Media Internet Other
Sign-up for Free

Name
Role
Email
Message
Contact me for further clarification
  Submit    Cancel