Terms of Use

Agreement to Terms

Please read these Easy Metrics Website Terms of Use (“Terms”) carefully as they are a binding agreement between You and Easy Metrics, Inc. (if you reside in the United States) or Easy Metrics Limited (if you reside outside of the United States). By accessing or using any website or page which links to these Terms (“Website”), you agree to be bound by the Terms and to comply with applicable laws, including export control laws and regulations. Easy Metrics also offers Software-as-a-Service and other products pursuant to a separate manually or digitally-executed agreement.

The Website contains a variety of information and resources including, but not limited to, product descriptions, text, images, photographs, documents, testimonials, logos, diagrams, reports, software, download areas, communication forums, and other tools (collectively the “Materials”).

If you do not agree to these Terms, do not use the Website or any Materials contained therein.

Accounts

You may be asked to input information to access certain areas of the Website, download certain Materials, register for events, or create an account. You agree to provide accurate and up-to-date information. Information you provide to Easy Metrics during any input process, as well as all other information collected about you when you visit the Website, will be governed by Easy Metrics’s then-current Easy Metrics Privacy Policy.

You understand and agree that you are responsible for maintaining the confidentiality of your account passwords. You agree that you will be solely responsible to Easy Metrics for all activities that occur under your account. You agree to notify Easy Metrics immediately of any unauthorized use of, or other security breach related to, your account.

Content and Materials

The Content and Materials are protected by copyright, trademark, patent, and other applicable laws. No license or other rights are granted except as expressly stated in these Terms. Unless otherwise stated herein, you may use the Content and Materials solely for informational and noncommercial purposes. Unless expressly authorized by Easy Metrics or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make derivative works of any Materials. You may not remove, alter, or obscure any proprietary notices on any Content and Materials. Products mentioned in the Content and Materials may not be generally available in your geographical country or region. Product descriptions are subject to change at Easy Metrics’s discretion.

Submissions

You are entirely responsible for anything that you upload, post, display, or otherwise transmit to or via the Website, including, but not limited to, software code, articles, feedback, or suggestions (“Submission”). You agree that you own all rights in and to any Submission, or that you have obtained the necessary rights and/or permissions to make the Submission. Each Submission must comply with the applicable acceptable use policy.

You give Easy Metrics a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Submission. Easy Metrics is under no obligation to post or use any Submission, and Easy Metrics may remove any Submission at any time in its sole discretion.

If you believe your copyrighted material has been posted on any Website without your permission, please see our Notice and Takedown Policy.

Hyperlinks

Easy Metrics is not responsible for any third-party content or linked websites provided on the Website. The provision of any link does not imply Easy Metrics’s endorsement of the website and is provided only as a convenience.

DISCLAIMER OF WARRANTY

USE OF THE WEBSITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED “AS IS”, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. EASY METRICS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, EASY METRICS MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL EASY METRICS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF EASY METRICS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

General

These Terms govern your use of the Website and constitute the entire legal agreement between you and Easy Metrics relating thereto. Additional or different terms, conditions, and notices may apply to specific components of Materials offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice. Easy Metrics reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Easy Metrics may update these Terms from time to time. Easy Metrics will change the Last Updated date at the bottom of these Terms when it does so. It is your responsibility to check these Terms regularly. Easy Metrics’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Easy Metrics. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of King County, Washington. You acknowledge that Easy Metrics may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.

© 2018 Easy Metrics, Inc. All rights reserved.