Web Site Legal Terms – Analytics Consulting LLC
General Use Provisions
All materials provided and available on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”), are provided either by Analytics or by their respective third party manufacturers, authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of Analytics and/or its Third Party Providers. Except as expressly stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Analytics or the Third Party Provider.
You may not “mirror” any Materials contained on this Web Site on any other server without Analytics’ prior express written permission. You may not access or use this Web Site or any Materials in any manner that could damage, disable, overburden, or impair any Analytics server, or the network(s) or system(s) connected to any Analytics server, or interfere with any other party’s use and enjoyment of this Web Site or any products or services provided by Analytics. Any use of direct or indirect automated searches or data queries with respect to this Web Site or the Materials is strictly prohibited without Analytics’ prior written consent. You may not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any Analytics server or network or to this Web Site or any of the Materials, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Materials or information through any means not intentionally and publicly made available through this Web Site.
Except where expressly provided otherwise by Analytics, nothing on this Web Site shall be construed to confer any license under any of Analytics’ or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Analytics. Analytics does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Analytics.
Analytics hereby grants you permission to display, copy, distribute and download Analytics’ Materials that are publicly available on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear without modification in the Materials; (2) the use of such Materials is solely for non-commercial, internal business purposes and informational use only, and unless specifically agreed to in writing by Analytics, and will not be copied, saved, posted or otherwise displayed on any networked computer, broadcast in any media, resold or sublicensed, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Links to Third Party Sites
This Web Site contains links to web sites controlled by parties other than Analytics. Any links on this Web Site to third party web sites does not imply that Analytics endorses or accepts responsibility for the content or use of the third party web site, and such links are provided for informational purposes only. Analytics does not guarantee the content, sequence, accuracy or completeness of any information or data displayed on any third party web site. Analytics shall not be liable in any way to the reader or any other person, firm or corporation whatsoever for any delays, inaccuracies, errors in or omissions of any information or data or the transmission thereof.
It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
Except where expressly provided otherwise by Analytics, all comments, feedback, information or materials submitted to Analytics through or in association with this Web Site (“Submissions”) shall be considered non-confidential and Analytics’ property. By providing such Submissions to Analytics, you agree to assign to Analytics, effective immediately upon such submission, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions and represent and warrant that you have all necessary ownership rights, consents and authority to assign all such rights, title and interest to Analytics. Analytics shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Analytics, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ANALYTICS, THE MATERIALS ON THIS WEB SITE ARE PROVIDED “AS IS”, ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ANALYTICS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ANALYTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS WEB SITE.
Limitation of Liability
ANALYTICS AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE “ANALYTICS PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR ACCESS OR USE OF THIS WEB SITE OR ACCESSING, USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE ANALYTICS PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, PERFORMANCE OF, OR INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ANY ANALYTICS PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND/OR MATERIALS AND YOU WILL NOT MAKE A CLAIM AGAINST ANY ANALYTICS PARTY FOR LOST OR CORRUPTED DATA OR SYSTEMS, LOSS OF GOODWILL, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE WEB SITE OR MATERIALS. YOU AGREE TO HOLD THE ANALYTICS PARTIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE ANALYTICS FOR, ANY CLAIMS AND THREATENED CLAIMS ARISIGN OUT OF OR RELATED TO ALL ACCESS AND USE OF THIS WEB SITE AND/OR THE MATERIALS IN ANY MANNER.
This Web Site may include inaccuracies or typographical errors. Analytics and the Third Party Providers may make improvements and/or changes in the products, information, services, Materials, programs, and prices described or set forth in or on this Web Site at any time without notice. Analytics may periodically make changes to this Web Site. Any action related to these Terms will be governed by Minnesota law and controlling U.S. Federal law, and the venue for any such action shall be the state and Federal courts located in Minnesota. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the access and/or use of the Web Site including any Materials and prevail over any prior or contemporaneous, conflicting or additional, agreements or communications. Analytics retains the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Analytics.
Intellectual Property Notices
Elements of the Web Site and Materials are protected by copyright, trade dress, intellectual property
and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site or any Materials may be copied or retransmitted unless expressly permitted by Analytics. Any permissible use of Analytics’ Materials, logos, graphics, sounds or images found on this Web Site must include the copyright notice identified below without any modification.
Analytics, the Analytics logo, any other protected mark or logo on this Web Site or Materials, and/or other Analytics products referenced herein are trademarks and service marks of Analytics Consulting LLC. and its affiliated companies, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Legal Contact Information
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Analytics at (952) 404-5700 or by e-mail at firstname.lastname@example.org