Terms and Conditions of Use of the Website
Updated Date: March 6, 2014
The Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Services or EventTracker Data by anyone under 18 is expressly prohibited. By accessing or using the Site, Services or EventTracker Data, you represent and warrant that you are 18 or older.
Limitations of Services
You acknowledge that EventTracker may establish limits concerning use of the Services, including the maximum number of days that User Data and other content will be retained by the Services, the maximum volume of User Data (as defined below) or other content that may be transmitted or stored by the Services, the frequency with which you may access the Services and the locations where the Services are available. You agree that EventTracker has no responsibility or liability for the deletion of or failure to store any User Data or other content maintained or transmitted by the Services beyond any time period required under a Paid plan you have purchased under your Account.
Account Registration and Fees
In order to gain access to certain features of the Site, you must register and create an account with EventTracker on the Site (“Account”). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You may not open an Account anonymously, for another person, or otherwise impersonate any other person when creating the Account; if you are opening an account for your employer or company, you must identify that entity or company, and you represent to us that you have all authorizations to act on such entities behalf. EventTracker reserves the right to suspend or terminate your Account at any time, including if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party, or permit any third party to make any use of your password, provided however that if you are establishing an account for your employer or company, you may authorize another employee of your company, on an emergency basis only, to use your credentials to access the Service. In all other cases, each employee of a company must establish their own Account to use the Service. We do this to protect you – as our Service maintains an audit and log of access to the Service – and we would not be able to accurately identify who has logged into the Service unless we required separate logins for each employee. You are responsible for all activities or actions made under your Account, whether or not you have authorized such activities or actions. You will immediately notify EventTracker of any unauthorized use of your Account, loss of your password or other misuse of the Service.
EventTracker may offer Paid and Free plans. A description of the features associated with these plan levels is available on the Site. EventTracker may modify the terms, conditions, and prices of its plans, cease offering plans, or offer new or additional plans, at any time. No modification shall affect any plan that you have paid for, through the date that plan has been paid, but EventTracker may not renew such plan and instead offer a substitute or alternative plan.
If you select a Paid plan, you agree to pay the applicable subscription fee and any taxes and other fees that may accrue in relation to your use of the Services. When you select a Paid plan, you will be required to provide a credit card number and customary billing information such as name and billing address. If you select an annual payment option, the entire subscription fee will be payable in advance. If you select monthly payments, you will automatically be charged the subscription fee for the month on each prior month’s anniversary date of when you registered (“Anniversary Date”). If you do not want to be charged for a month, you must cancel your Account at least thirty (30) days before the next Anniversary Date.
All fees are non-refundable and non-transferable. All fees and applicable taxes, if any, are payable in United States dollars. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. EventTracker also reserves the right, at any time, to impose or restructure any fees charged for your use of the Services. EventTracker will notify you in advance of any changes with respect to fees it chooses to impose.
If you are subscribed to a Free plan and you do not access your Account for 60 days or longer, EventTracker may cancel your Account. If EventTracker decides to cancel your Account, EventTracker may, at its discretion, provide you with notice via e-mail to the email address you provided with your Account information registration. You will be deemed to have received notice, regardless of whether EventTracker receives a rejection or non delivery notice. EventTracker is under no obligation to provide you with any other notices.
By registering you agree that EventTracker may identify you as a EventTracker customer on EventTracker websites, client lists, press releases, and/or other marketing. You also agree that EventTracker may publish a brief description highlighting your use of our Services.
You may only access and use the Services solely for your internal business purposes. You will not: (i) sell, resell, provide as a service bureau, rent or lease the Services; (ii) reverse engineer the Services; (iii) attempt to modify the Services; or (iv) use the Services to store any User Data (as defined below) or other information that is unlawful. You may not access or use (or permit a third party to access or use) the Services for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes. You will not interfere with or disrupt the Services or attempt to gain access to any related systems or networks to which access is restricted. Please refer to the support section of the Site for information relating to customer support services available to Paid and Free plans.
No Access by Minors
The Website is not intended for minors, rather the Website is intended for adult users. We cannot prohibit minors from visiting this site. We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You can discover some of the providers of such parental control technology by searching for “parental control software” using a major search engine.
All trademarks, service marks, logos, trade names and any other proprietary designations of EventTracker used herein are trademarks or registered trademarks of EventTracker. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Licenses Granted by you to EventTracker
By making any User Data available through Services you hereby grant to EventTracker a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, distribute, publicly display and perform such User Data (and all intellectual property rights subsisting or evidenced thereby), to the extent reasonably necessary for EventTracker to provide the Services to you. You also grant to EventTracker the right to use such User Data to improve our Services and the Site.
LICENSES GRANTED BY EVENTTRACKER TO YOU
You agree not to do any of the following in connection with using the Services or the Site:
- Post, upload, publish, submit or transmit any User Data that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
- Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any other individual element or materials within the Site, EventTracker’s name, any EventTracker trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without EventTracker’s prior express written consent;
- Access, tamper with, or use non-public areas of the Site (other than the Services if you have an Account), EventTracker’s computer systems, or the technical delivery systems of EventTracker’s providers;
- Attempt to probe, scan, or test the vulnerability of the Services or any EventTracker system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by EventTracker or any of EventTracker’s providers or any other third party (including another user) to protect the Services;
- Attempt to access, search or download the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than software and/or search agents provided by EventTracker or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Opera or Chrome);
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a EventTracker trademark, logo URL or product name without EventTracker’s prior express written consent;
- Forge any TCP/IP packet header or any part of the header information, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express prior permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “Stalk” or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes; or
- Post non-local or otherwise irrelevant content or repeatedly post the same or similar content.
Your Indemnification Obligations
User Forums / Third Party Sities / Links
The Site and Data available through the Services may contain features and functionalities that may permit you to link to or provide you with access to third party content which is completely independent of EventTracker, including social media sites (e.g. Facebook, Twitter), web sites, user forums, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole (collectively the “Third Party Services”).
Your interactions with Third Party Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these Third Party Services.
To the extent EventTracker provides you access to such Third Party Services (typically via application program interfaces (“API(‘s)”) provided by the Third Party Services), you agree to make use of the Third Party Services and EventTracker within the scope of the permitted API access, and pursuant to any API agreement setting forth what you can (and cannot) do with the Data that is provided to and from such Third Party Services.
You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Services.
In certain instances, some of your User Data (such as posts or comments you make) may not be completely removed and copies of your User Data may continue to exist on the Services (including in backup storage). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Data.
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. OTHER THAN AS EXPRESSLY SET HEREIN, EVENTTRACKER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHETHER ORAL OR WRITTEN, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, ANY IMPLIED WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING UNDER SUBTITLE 4 OF TITLE 22 OF THE MARYLAND ANNOTATED CODE COMMERCIAL LAW ARTICLE. THERE IS NO WARRANTY THAT THE SERVICE OR ANY EFFORTS OR INFORMATION PROVIDED BY EVENTTRACKER WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. AND EVENTTRACKER SHALL NOT BE LIABLE FOR THE QUALITY OR ACCURACY OF INFORMATION PROVIDED BY YOU OR THIRD PARTIES FOR OR VIA THE SERVICE NOR FOR ANY INACCURATE RESULTS DUE TO EVENTTRACKER’S PROCESSING OF ANY SUCH DATA. EVENTTRACKER MAKES NO GUARANTEE OR WARRANTY OF TIMELINESS OF DELIVERY OF THE SERVICE TO, OR PROCESSING OF ANY INFORMATION OR DATA PROVIDED BY, YOU.
EventTracker warrants to you that the Services will provide the functionality specified in its then-current technical documentation for the Services, which documentation is available on the Site. EVENTTRACKER DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EVENTTRACKER OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN AS EXPRESSLY PROHIBITED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER EVENTTRACKER NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT EVENTTRACKER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
GOVERNING LAW; NO JURY
THE PARTIES HEREBY IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY ACTION IN WHICH YOU OR EVENTTRACKER ARE PARTIES RELATING TO OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here under.
Integration and Severability
Assignment of Terms