These terms of service (the “Terms”) govern your (the “User’s”) use of the online services, web site, and other software (collectively the “Service”) provided by Web Focus LLC (“Web Focus”, “we,” or “us”).
If you are using the Services on behalf of an organization, you are agreeing to these Terms on behalf of that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
Web Focus provides at www.Analytics-Toolkit.com software for automation of Analytics, AdWords and SEO-related tasks (the “Customer Software”).
Web Focus hereby grants you a limited, nonexclusive, nontransferable, nonsublicensable, freely revocable, license to use the Service. Your license to use the Service is automatically revoked if you violate these Terms.
We hereby reserve all rights not expressly granted in these Terms. In particular you must not copy, modify, or create work derivative of the Service except as expressly permitted by us.
These Terms do not grant you any right, title, or interest in the Service, including without limitation software, text, images, logos, patents, trademarks, service marks, and any improvements to the Service, except as detailed below. We may use any feedback, comments, or suggestions you communicate to us or post in our blog or forums without any obligation to you.
All intellectual property embodied in the Service, including all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, remain the property of Web Focus. Nothing in the Terms shall be deemed to give you license to any such intellectual property.
Where we require payment to use the Service, these payments are governed by the following terms:
Web Focus will use commercially reasonable efforts to ensure that all facilities used to store and process Customer Data meet commercially reasonable security standards.
By using the Service you indicate you have the right to disclose Customer Data to Web Focus, and the right to allow us to use your Customer Data as set out in the Terms.
You will indemnify, defend, and hold harmless Web Focus from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding:
Web Focus will indemnify, defend, and hold harmless you from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim based on an allegation that your use of the Service violates, infringes, or misappropriates any copyright, trade secret, patent, or trademark right of the third party.
The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party has full control and authority over the defense, except that:
THE SERVICE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WEB FOCUS MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT.
NO ADVICE OBTAINED BY YOU FROM WEB FOCUS CREATES ANY WARRANTY NOT STATED DIRECTLY WITHIN THE TERMS.
WEB FOCUS MAKES NO WARRANTY FOR ANY PRODUCT, SERVICE, OR INFORMATION PROVIDED BY A THIRD PARTY THAT USES OR DESCRIBES WEB FOCUS, AND SIMILARLY THERE IS NO WARRANTY PROVIDED FOR ANY THIRD PARTY SERVICE PROVIDED VIA WEB FOCUS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEB FOCUS OR ITS AGENTS BE RESPONSIBLE FOR ANY LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICE, OR FROM UNAUTHORIZED USE OF YOUR ACCOUNT.
This limitation applies even if Web Focus has been advised about the possibility of the alleged liability, or knew or should have known about the possibility.