Terms of Use

Terms of Use

Legal Terms

Thank you for visiting this Host Analytics, Inc. web site (“Web Site”). Please review the following terms and conditions concerning your use of the Web Site. By using the Web Site, you agree to follow and be bound by these terms and conditions ("Terms"). If you do not agree with these Terms, you should not use this Web Site.

Agreement

These Terms specify the terms and Conditions for access to and use of the Web Site and describe the terms and conditions applicable to your access of and use of the Web Site. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms.

Privacy

Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy by clicking here.

General

This Web Site may include inaccuracies or typographical errors. Host Analytics and the Third Party Providers may make improvements and/or changes in the products, services, and/or materials described in this Web Site at any time without notice. Host Analytics may periodically make changes to the Web Site. Any action related to these Terms will be governed by California law and controlling US federal law. No choice of law rules of any jurisdiction will apply. The sole and exclusive jurisdiction and venue for actions arising under these Terms shall be the State and Federal courts in San Mateo County, California.  These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional communications. Host Analytics has the right to revise these Terms at any time without notice by updating this posting. Any such revisions shall be effective immediately. Your sole remedy should you not agree with the altered terms shall be to cease all use of the Materials (as defined below).  Any rights not expressly granted herein are reserved by Host Analytics.

Intellectual Property Notices

All content included on this site is and shall continue to be the property of Host Analytics or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by Host Analytics. Any copying, redistribution, use or publication by you of any content or any part of the Web Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. Also, you may not "mirror" any Materials contained on this Web Site on any other server without Host Analytics’ prior express written permission.

Trademarks

The Host Analytics solution and other Host Analytics products referenced herein are the common law and/or registered trademarks of Host Analytics, Inc. in the United States and/or in other countries. The absence on this Web Site of a Host Analytics product, service name, slogan or logo does not constitute a waiver of Host Analytics, Inc.’s trademark or other intellectual property rights relating to such name or logo. All other product or company names, marks, logos, and symbols may be the common law or registered marks of their respective owners and should be treated as such.

Copyright © 2008 - 2010 Host Analytics, Inc. All rights reserved.

General Use Provisions

All materials provided on this Web Site, including but not limited to information, documents, logos, graphics, images, software, and services ("Materials"), are provided either by Host Analytics or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Host Analytics and/or its Third Party Providers. Except as 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 Host Analytics or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without Host Analytics’ prior express written permission.

Except where expressly provided otherwise by Host Analytics, nothing on this Web Site shall be construed to confer any license under any of Host 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. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Host Analytics. Host Analytics does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Host Analytics.

Host Analytics hereby grants you a limited, nonexclusive license to use this Web Site for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Host Analytics hereby grants you permission to display, copy, distribute and download Host Analytics’ Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, 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 other regulations and statutes.

Links To Third Party Sites

This Web Site may contain links to or mirroring of web sites controlled by parties other than Host Analytics. Host Analytics is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Host Analytics is providing these links or mirroring to you only as a convenience, and the inclusion of any link does not imply endorsement by Host Analytics of the linked web site. 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.

Third Party Publications

Host Analytics has not co-authored, ratified, endorsed or adopted the information contained in any publications referenced on this Web Site by publishing it herein.

Indemnification

You agree that Host Analytics shall have no liability whatsoever for any use you make of the Materials. You agree to indemnify, defend and hold Host Analytics and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of this Web Site.

DISCLAIMER

THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND HOST 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. HOST ANALYTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY

HOST ANALYTICS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL HOST ANALYTICS 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 USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF HOST ANALYTICS 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 YOU WILL NOT MAKE A CLAIM AGAINST HOST ANALYTICS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD HOST ANALYTICS HARMLESS FROM, AND YOU COVENANT NOT TO SUE HOST ANALYTICS FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

Local Laws; Export Control

Host Analytics controls and operates this Web Site from its headquarters in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and Host Analytics or its affiliates. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the US Export Administration Laws and Regulations. Diversion of such Materials contrary to US law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the US Government. Proscribed countries are set forth in the US Export Administration Regulations. Countries subject to US embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Host Analytics, and you must comply with the list as it exists in fact. You certify that you are not on the US Department of Commerce's Denied Persons List or affiliated lists or on the US Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all US export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

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 Host Analytics.

Severability

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Termination

Host Analytics may terminate these Terms at any time, with or without notice, for any reason.  These Terms automatically terminate immediately if you violate any provision of these Terms.  Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall return all copies of the Materials together with any other material you have received from Host Analytics in connection with the Materials in your possession, custody or control and you shall certify to Host Analytics in writing that such return has occurred.  Any terms that by their nature should survive termination of these Terms shall survive such termination.

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