Your use of the A4L (US), Inc. (“Analytics 4 Life”) Websites, including without limitation www.analytics4life.com (each a “Website” and collectively the “Websites”), is subject to the following terms and conditions (this “Agreement”). By using the Websites you acknowledge that you have read this Agreement in its entirety, and that this Agreement constitutes a binding and enforceable obligation between you and Analytics 4 Life. Should you disagree with any of the terms and conditions of this Agreement, your sole recourse is to discontinue use of the Websites. Please read this Agreement carefully.
Analytics 4 Life is the owner and/or authorized user of any trademark, registered trademark and/or service mark, trade dress and design appearing on the Websites (including without limitation ANALYTICS FOR LIFE, CORVISTA, AGILYTICS, and related designs and logos), whether or not appearing in large print or with the trademarked symbol, and is the owner or licensee of the copyright rights in the text, images, photographs, graphics, user interface, music, animations, videos and other content and/or information appearing on the Websites as well as the selection, coordination and arrangement of such content, to full extent provided under US and international laws. By placing such trademarks and content on the Websites, Analytics 4 Life does not grant any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products or services described on the Websites may carry registered or other trademarked symbols that are the sole property of their respective owners. You may view, print, and download portions of the content and/or information on the Websites solely for your personal, non-commercial use. Analytics 4 Life reserves the right to revoke this authorization at any time. Reproduction, copying, or redistribution of materials on the Websites for commercial purposes is strictly prohibited without the express written permission of Analytics 4 Life. Analytics 4 Life retains all right, title and interest in and to the patent, copyright, trademark, trade secret and any other intellectual property rights in the Websites and any derivative works thereof, subject only to the limited licenses set forth in this Agreement.
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us, whether through a Website, e-mail, facsimile, postal mail or other means, shall be and remain the exclusive property of Analytics 4 Life. Your submission of any such Comments shall constitute an irrevocable assignment to Analytics 4 Life of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Analytics 4 Life and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Analytics 4 Life Websites contain hyperlinks (“links”) to websites operated by persons or entities other than Analytics 4 Life (“third-party Websites”). We provide such links for your reference and convenience only. A link from one of our Websites to a third-party Website does not imply or mean that we endorse the content on that third-party Website or its operator or operations. You are solely responsible for your use of any content at any third-party Website to which you might link from one of our Websites. ANALYTICS 4 LIFE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE.
You agree to comply with all applicable laws in connection with your use of the Websites, and such further limitations as may be set forth in any written or on-screen notice from Analytics 4 Life. As a condition of your use of the Websites, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Websites or any co-branded Website will be accurate, complete, and current.
By using the Websites, you agree not to violate or attempt to violate the security of any of the Websites, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” any of the Websites; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.
You agree to defend, indemnify, and hold harmless Analytics 4 Life and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Analytics 4 Life arising out of or relating to your use of the Websites, your violation of this Agreement, or your violation of any rights of another.
The Websites, their contents, and any links provided, are done so “as is”. Analytics 4 Life attempts to be accurate in describing its products. We do not warrant that program or the product descriptions or other content of the Websites are complete, reliable, current, or error-free. Analytics 4 Life disclaims all warranties, express or implied, including but not limited to the warranties of non-infringement, title, merchantability and fitness for particular purpose. You assume complete responsibility and you use the Websites at your own risk. Neither Analytics 4 Life nor any of its affiliates, parent company, subsidiaries, officers, directors, employees, partners, agents or representatives shall be liable to you or any third party for any compensatory, direct, indirect, incidental, special, exemplary, punitive, or consequential damages or attorney’s fees, arising out of your use of the Websites or your inability to gain access to our Websites, or out of any breach of warranty of any kind, even if we have been advised of the possibility of such damages or such damages were foreseeable.
This Agreement is effective until terminated. Analytics 4 Life may terminate this Agreement at any time upon your breach of any of the provisions hereof. Upon termination of this Agreement, you will cease all use of the Websites.
This Agreement and all matters arising out of or relating to this Agreement will be governed by the internal laws of the State of North Carolina without giving effect to any choice of law rule and the United Nations Convention on Contracts for the International Sales of Goods. Any claim or dispute between the parties arising out of or relating to this Agreement shall be tried solely in a state or federal court for Wake County, North Carolina, and the parties hereby irrevocably consent to the jurisdiction and venue of such courts.
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND IN THE OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH ANALYTICS 4 LIFE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force and effect. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach.
You may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any rights or obligations under this Agreement without the prior written consent of Analytics 4 Life. Any purported assignment, transfer or delegation by you will be null and void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. Except as otherwise stated herein, this Agreement may not be modified or amended except in a writing signed by both parties; no other act, document, usage or custom will be deemed to amend or modify this Agreement.
July 11, 2016 – Terms and Conditions Agreement
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