Webtrends Optimize, and Accelerate Group Limited are each referred to herein as “Webtrends Optimize”.
These Terms of Use (the “Terms of Use”) govern your use of Webtrends Optimize’ websites, mobile sites, microsites or mobile applications, and all related features, pages and sub-domains (such as the Forums as referenced below) (collectively, the “Site”). Throughout these Terms of Use, “we” refers to Webtrends Optimize. and its affiliates. These Terms of Use do not apply to the purchase, access or use of any of Webtrends Optimize’ products or services, which are subject to the applicable Webtrends Optimize subscription agreement.
By accessing or using the Site, you agree to these Terms of Use. If you are using the Site on behalf of your employer, you represent that you are authorized to agree to these Terms of Use on your employer’s behalf. If you do not agree to these Terms of Use, do not use the Site. These Terms of Use may change over time. Whenever you visit this Site, you agree to the version of The Terms of Use then posted.
Additional terms and conditions on the Site may apply to specific portions or features of the Site. Such terms and conditions supplement these Terms of Use and, along with our Privacy Statement (referenced below), are considered a part of these Terms of Use. To be clear, the Site may contain separate agreements that govern your use of certain portions or features of the Site. These separate agreements apply to their subject matter, but they do not change your obligations with respect to the Site in general.
- Materials & Ownership
The Site may contain information, software, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, video, pictures, content and other materials (collectively, “Materials”).
You may download Materials that provide information on Webtrends Optimize products and services (such as white papers, press releases, datasheets, and product documentation) and that are made available by Webtrends Optimize for download from the Site. Webtrends Optimize retains all rights and title to such Materials, but grants you the limited right to use such Materials for your personal, non-commercial and informational purposes; provided that you do not (a) distribute any such Materials on any networked computer or broadcast such Materials in any media, (b) remove any proprietary notice language from such Materials, (c) make any modification to such Materials, or (d) make any representation or warranty relating to such Materials. Except as expressly provided above, or as specifically permitted elsewhere on the Site, you may not use, reproduce, republish, post, transmit or distribute any Materials.
Webtrends Optimize and/or its licensors or suppliers own the Materials, as well as the design, structure, selection, coordination, expression and arrangement of such Materials on the Site, and all intellectual property rights therein and thereto. The Webtrends Optimize logos, trademarks, service marks or other business names are the trademarks or registered trademarks of Webtrends Optimize Inc. or its affiliates in the United States and other jurisdictions (“Trademarks”). All other company and product names may be trademarks or registered trademarks of their respective companies.
The Materials and the Trademarks are protected by law, including copyright, trademark and other intellectual property laws, as well as unfair competition laws and international treaties. Other than the limited rights granted in these Terms of Use, nothing on the Site shall be construed as conferring to you any license in any intellectual property rights, whether by implication, estoppel or otherwise.
- Your Use of the Site
With respect to your use of the Site you may not, and agree not to:
- (a) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor the Site or any Materials;
- (b) reproduce or circumvent the navigational structure or presentation of the Site or any Materials to obtain, or attempt to obtain, any materials, documents or information through any means not purposely made available to you through the Site;
- (c) reverse engineer or decompile any software or code accessed through the Site;
- (d) attempt to gain unauthorized access (by hacking, password “mining” or any other means) to (i) any portion or feature of the Site, (ii) any other system or network connected to the Site, (iii) any Webtrends Optimize server, or (iv) any of the services offered on or through the Site;
- (e) probe, scan or test the vulnerability of the Site or any network connected to the Site;
- (f) breach the security or authentication measures on the Site or any network or system connected to the Site;
- (g) exploit the Site, or any service or information made available through the Site, in any way, including for the purpose of discovering any third party’s information;
- (h) reverse look-up or trace any information on any other user of or visitor to the Site or any other customer of Webtrends Optimize, or otherwise collect, or seek to collect, any private commercial or personal information;
- (i) use the Site to transmit any unauthorized advertising or similar materials (such as junk mail or spam) or to solicit any users of Webtrends Optimize’ products or services for commercial purposes;
- (j) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, Webtrends Optimize’ systems or networks, or any system or network connected to the Site or to Webtrends Optimize;
- (k)use any device, software or routine in order to interfere, or attempt to interfere, with (a) the proper working of the Site, (b) any transaction conducted on the Site, or (c) any third party’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Webtrends Optimize on or through the Site. You may not pretend that you are any other individual or entity, or misrepresent your authority to represent any entity;
- (l) use the Site or any Materials for any purpose that is unlawful or otherwise prohibited by these Terms of Use; and
- (m) solicit the performance of any illegal activity or other activity which infringes the rights of Webtrends Optimize or third parties.
Access to the Site may be monitored by Webtrends Optimize, including to verify your compliance with these Terms of Use.
- Passwords and Security
If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password to any account that you create and are responsible for any and all activities that occur under your account. You agree to notify Webtrends Optimize immediately of any unauthorised use of your account or any other breach of security. Webtrends Optimize will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Webtrends Optimize or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
- Links to Third Party Websites
Links to third party websites on the Site are provided as a convenience to you. Such third party websites are not owned or operated by Webtrends Optimize, and Webtrends Optimize does not assume any responsibility or liability for any communications or materials available through such third party websites. Webtrends Optimize does not intend links on the Site to be referrals or endorsements of the third party entities or their products.
- Privacy Statement
Webtrends Optimize is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy statement at https://www.webtrends-optimize.com/privacy (“Privacy Statement”). By using the Site, you agree to our Privacy Statement. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- Note about Minors
Minors are not eligible to use the Site. We ask that minors do not submit any personal information to Webtrends Optimize. By using the Site, you represent that you are at least 18 years old.
- Contact Information
If you have any questions regarding these Terms of Use or the website, please contact Webtrends Optimize at webmaster@webtrends-optimize.com. Notices about copyright infringement must be submitted in accordance with Section 11 (DMCA Policy).
- Disclaimer of Warranty
THE SITE, MATERIALS, OR INFORMATION DERIVED FROM THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Webtrends Optimize does not warrant that (a) the Site or Materials will meet your requirements, (b) the Site or any portion thereof will be uninterrupted, timely, secure, or error-free or that Webtrends Optimize will fix any errors, or (c) that Materials will be accurate, up-to-date or complete. Use of the Site or any Materials is at your own discretion and risk, and Webtrends Optimize is not responsible for any decisions you make based on such use. Webtrends Optimize is not responsible for any damage caused to your computer or data, or from any bugs, viruses, Trojan horses or other destructive or harmful code resulting from use of the Site or Materials.
Webtrends Optimize may make changes to the Materials or the Site, or to any products, services or prices described therein, at any time, with or without notice to you.
The disclaimers above apply to the fullest extent permitted by applicable law. Some states do not allow exclusion of implied warranties, so some of the above disclaimers may not apply to you. You may also have other legal rights, which vary from state to state.
- Limitation of Liability
IN NO EVENT WILL WEBTRENDS OPTIMIZE, ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, OR WHETHER OR NOT WEBTRENDS OPTIMIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF, AND WEBTRENDS OPTIMIZE SHALL NOT BE RESPONSIBLE FOR COST OF ANY PROCUREMENT OF SUBSTITUTE GOODS.
The limitations and exclusions above apply to the fullest extent permitted by applicable law. Some states do not allow the limitation of consequential, incidental, or other types of damages, and some of the above limitations may not apply to you. To the extent any jurisdiction does not permit the above disclaimers of direct damages, you hereby agree that the cumulative liability of Webtrends Optimize (and its suppliers, licensors, directors, investors, employees, agents and contractors) under these Terms of Use will be limited to one hundred dollars ($100).
- DMCA Policy
If you believe something on the Site violates your copyright, please provide notice to our copyright agent (identified below). Your notice must include the following information, in the form required by 17 U.S.C. § 512:
- (a) a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright you allege is being infringed;
- (b) a description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- (c) a description of the allegedly infringing material and information sufficient to permit us to locate the material;
- (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
- (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
- (f)a statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement:
Name: Matt Goodchild
E-Mail: legal@webtrends-optimize.com
- Termination; Violation of these Terms of Use
You agree that Webtrends Optimize may, in its sole discretion and at any time, terminate your access to all or any part of the Site or delete your accounts or any materials you have stored on the Site, including, without limitation, if you violate these Terms of Use or any applicable law. In particular, if we find out that you have used the Site to infringe any copyrights or other third party proprietary rights, we may remove any of your materials from the Site or, if we determine that you are a repeat infringer, we may terminate all access you have to the Site. We consider a repeat infringer to be someone who has been notified of infringing activity more than twice or had their materials removed from the Site more than twice. To be clear, if Webtrends Optimize, in its sole discretion, takes any of the actions described in this paragraph: (a) Webtrends Optimize may, but has no obligation to, provide you notice, (b) you will not receive any refund for fees you may have paid through the Site, and (c) Webtrends Optimize will have no liability to you as a result of such action.
Without limiting the terms of our Privacy Statement, Webtrends Optimize may preserve or disclose any information that we have about you (including without limitation your identity and any communications you make through the Site) if Webtrends Optimize determines that such preservation or disclosure is reasonably necessary to (i) comply with applicable law, regulation, legal process, or governmental request (including without limitation for fraud protection purposes); (ii) enforce these Terms of Use; (iii) investigate or respond to claims that any such data violates the rights of others; or (iv) protect the rights, property or personal safety of Webtrends Optimize, its employees, users of or visitors to the Site, or the public.
- Indemnification
You agree to defend, indemnify and hold harmless Webtrends Optimize and its respective officers, directors, principals, employees, contractors, and agents harmless from and against any and all demands, claims, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising or resulting from your use or misuse of the Site or Materials or breach of these Terms of Use.
- Forum Terms; User Materials
The following terms apply to your access to and usage of Webtrends Optimize portals, blogs, communities, forums, or any other feature of the Site permitting the posting of materials (“Forums”) in addition to these Terms of Use. You or a third party (“Users”) may post, submit, upload, link to or display (referred to as “posting”) materials on a Forum. Webtrends Optimize does not claim ownership of the materials you or other Users post. By posting any material to a Forum or otherwise through the Site, you grant Webtrends Optimize (and our licensors, suppliers, licensees and all other Users) a worldwide, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense (through multiple tiers), for no compensation, and in any manner, form or medium, to (a) use, copy, distribute, transmit, perform, edit, translate, link to, frame, reformat, publish, transcode, display, modify and otherwise create derivative works of your materials, (b) display advertising on or in close association with your materials, and (c) publish your name in connection with your materials. If you do not agree to the foregoing license you should not post any materials on a Forum. For all material you post on a Forum, you represent and warrant that you have all rights necessary for you to grant the permissions in this Section 13.
In addition, you shall not post any material on or through a Forum, or otherwise engage in any conduct in connection with any Forum, that:
- (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or which contains explicit or graphic descriptions or accounts of sexual acts;
- (ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- (iii) impersonates any person, business or entity, including Webtrends Optimize and its employees and agents;
- (iv) contains any viruses, Trojan horses or other destructive or harmful code, or that could otherwise damage or harm anyone else or their systems; or
- (v) infringes or violates any intellectual property, privacy or other proprietary rights of any other party.
You agree that Webtrends Optimize is not liable for any material that is posted by any User of a Forum, whether you find it harmful, inaccurate, offensive or otherwise. We have no duty to pre-screen content, but we have the right to refuse to display, delete or edit submitted material. We reserve the right to remove any material for any reason, but we are not responsible for any failure or delay in removing such material. We do not promise to store or make available on the Site any materials that you or any other User posts for any length of time. You are solely responsible for keeping back-ups of everything that you post on the Site.
- Feedback
If you provide any feedback, recommendations for improvements or features of the Site or any Webtrends Optimize products or services, implementation of that feedback or recommendation is owned by Webtrends Optimize and may become part of our Site, products and services without compensation to you.
- General Terms
The Terms of Use constitute the entire agreement between you and Webtrends Optimize relating to your use of and access to the Materials and the Site, and cancel and supersede any prior versions of the Terms of Use. Webtrends Optimize may from time to time modify these Terms of Use as described in the introduction language at the beginning of this document. No modification of these Terms of Use by you will be binding, unless in writing and signed by an authorized Webtrends Optimize representative.
Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms of Use. The Uniform Computer Information Transactions Act, as adopted or amended from time to time, will not apply to any dispute under the Terms of Use. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. You may not assign or transfer any of your rights or obligations under these Terms of Use; Webtrends Optimize may freely assign and transfer these Terms of Use. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.
ANY LAWSUIT BROUGHT BY YOU UNDER THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO THE LAWSUIT. OTHERWISE, YOU AGREE ANY ACTION ARISING UNDER THESE TERMS OF USE WILL BE PERMANENTLY BARRED.
- IF YOU ARE IN EUROPE, THE MIDDLE EAST, OR AFRICA, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE FOLLOWING TERMS APPLY TO YOU:
If you are accessing the Site from Europe, the Middle East or Africa, all matters arising out of or relating to these Terms of Use shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
If the laws of country in which you are located require that contracts be in the local language in order to be enforceable, the version of these Terms of Use that shall govern is the translated version of these Terms of Use in the local language that is produced by Webtrends Optimize within a reasonable time following your written request to Webtrends Optimize.
