Terms of Services
Introduction
Please read these Terms of Services ("Terms", "Terms and Conditions","Terms of Services") carefully before using the https://www.KlickAnalytics.com website (the "Service") operated by KlickAnalytics LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service, you must not use this website.
License to Use Website
Unless otherwise stated, KlickAnalytics LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal or business use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without KlickAnalytics LLC express written consent.
Restricted Access
Access to certain areas of this website is restricted. We reserves the right to restrict access to other areas of this website, or indeed this whole website, at our discretion.
If you register a user ID and password to enable you to access restricted areas of this website or other content or services, you agree to provide KlickAnalytics LLC with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your use only. We does not permit:
You must ensure that the password is kept confidential. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
We may disable your user ID and password at any time in KlickAnalytics LLC sole discretion with or without notice or explanation.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of KlickAnalytics LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KlickAnalytics LLC.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. KlickAnalytics LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, KlickAnalytics LLC does not warrant that:
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
KlickAnalytics LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Limitations of Liability
KlickAnalytics LLC will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if KlickAnalytics LLC has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit KlickAnalytics LLC liability in respect of any:
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or KlickAnalytics LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting KlickAnalytics LLC customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide KlickAnalytics LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, KlickAnalytics LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
KlickAnalytics LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
KlickAnalytics LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Payments
You represent and warrant that if you are purchasing access to content from KlickAnalytics LLC that
Refund Policy
Since KlickAnalytics LLC is offering non-tangible, irrevocable, time-limited access to content, no refunds will be given, which you acknowledge prior to purchasing any access at our site.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by KlickAnalytics LLC
KlickAnalytics LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that KlickAnalytics LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Other Parties
You accept that, as a limited liability entity, KlickAnalytics LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against KlickAnalytics LLC officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect KlickAnalytics LLC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as KlickAnalytics LLC
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnification
You agree to defend, indemnify and hold harmless KlickAnalytics LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Breaches of These Terms and Conditions
Without prejudice to KlickAnalytics LLC other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as KlickAnalytics LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Assignment
KlickAnalytics LLC may transfer, sub-contract or otherwise deal with KlickAnalytics LLC rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law and Jurisdiction
By accessing this service, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by laws of the New Jersey, U.S.A. (excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction). Further, the parties agree that any claim or cause of action under or relating to this Agreement shall be brought in the state or federal courts located in New Jersdey, United States.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time at our sole discretion. Please check this page regularly to ensure you are familiar with the current version.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Entire Agreement
These terms and conditions constitute the entire agreement between you and KlickAnalytics LLC in relation to your use of this website, and supersede all previous agreements with respect to your use of this website.
Contact Us
If you have any questions about these Terms, please contact us at hi@KlickAnalytics.com
Last Updated: May 29, 2019