Terms of Service:

The following terms and conditions govern all use of the InsightsAnalytics.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Insights Analytics, LLC ("Insights Analytics"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Insights Analytics' Privacy Policy) and procedures that may be published from time to time on this Site by Insights Analytics (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Insights Analytics, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your InsightsAnalytics.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Insights Analytics may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Insights Analytics liability. You must immediately notify Insights Analytics of any unauthorized uses of your blog, your account or any other breaches of security. Insights Analytics will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Insights Analytics or otherwise.

    By submitting Content to Insights Analytics for inclusion on your Website, you grant Insights Analytics a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Insights Analytics will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Insights Analytics has the right (though not the obligation) to, in Insights Analytics' sole discretion (i) refuse or remove any content that, in Insights Analytics' reasonable opinion, violates any Insights Analytics policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Insights Analytics' sole discretion. Insights Analytics will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay Insights Analytics the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal.
      Unless you notify Insights Analytics before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Insights Analytics in writing.
  4. Services.
    • Fees; Payment. By signing up for a Services account you agree to pay Insights Analytics the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Insights Analytics reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Insights Analytics.
    • Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Insights Analytics to respond within seven business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free InsightsAnalytics.com services. All support will be provided in accordance with Insights Analytics standard services practices, procedures and policies.
  5. Responsibility of Website Visitors. Insights Analytics has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Insights Analytics does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Insights Analytics disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which InsightsAnalytics.com links, and that link to InsightsAnalytics.com. Insights Analytics does not have any control over those non-Insights Analytics websites and webpages, and is not responsible for their contents or their use. By linking to a non-Insights Analytics website or webpage, Insights Analytics does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Insights Analytics disclaims any responsibility for any harm resulting from your use of non-Insights Analytics websites and webpages.
  7. Copyright Infringement and DMCA Policy. As Insights Analytics asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by InsightsAnalytics.com violates your copyright, you are encouraged to notify Insights Analytics in accordance with Insights Analytics' Digital Millennium Copyright Act ("DMCA") Policy. Insights Analytics will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Insights Analytics will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Insights Analytics or others. In the case of such termination, Insights Analytics will have no obligation to provide a refund of any amounts previously paid to Insights Analytics.
  8. Intellectual Property. This Agreement does not transfer from Insights Analytics to you any Insights Analytics or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Insights Analytics. Insights Analytics, InsightsAnalytics.com, the InsightsAnalytics.com logo, and all other trademarks, service marks, graphics and logos used in connection with InsightsAnalytics.com, or the Website are trademarks or registered trademarks of Insights Analytics or Insights Analytics' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Insights Analytics or third-party trademarks.
  9. Advertisements. Insights Analytics reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. Insights Analytics reserves the right to display attribution links such as 'Blog at InsightsAnalytics.com,' theme author, and font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
  13. Changes. Insights Analytics reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Insights Analytics may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  14. Termination. Insights Analytics may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your InsightsAnalytics.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Insights Analytics if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Insights Analytics' notice to you thereof; provided that, Insights Analytics can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Disclaimer of Warranties. The Website is provided "as is". Insights Analytics and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Insights Analytics nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will Insights Analytics, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Insights Analytics under this agreement during the twelve (12) month period prior to the cause of action. Insights Analytics shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Insights Analytics Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless Insights Analytics, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between Insights Analytics and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Insights Analytics, or by the posting by Insights Analytics of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in St. Petersburg, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in St. Petersburg, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Insights Analytics may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Insights Analytics reserves the right to evaluate each and every Free Trial submission on a case by case basis before choosing whether or not to accept the request. Insights Analytics reserves the right, in its sole discretion, to reject any Free Trial submission request at any time, and for any reason, and is under no obligation to inform the submitter of it’s decision.

Customer Terms of Service

INSIGHTS ANALYTICS, LLC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, VENDORS AND LICENSORS (COLLECTIVELY, “INSIGHTS ANALYTICS” DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES  (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN INSIGHTS ANALYTICS CUSTOMER (COLLECTIVELY, THE “SERVICE” FOR) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED.  THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE.  INSIGHTS ANALYTICS CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES.  FURTHER, INSIGHTS ANALYTICS DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND INSIGHTS ANALYTICS DISCLAIMS ANY LIABILITY RELATED THERETO.  INSIGHTS ANALYTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  INSIGHTS ANALYTICS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE.  YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON.  YOUR SOLE REMEDY AGAINST INSIGHTS ANALYTICS FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.  TO THE EXTENT THAT INSIGHTS ANALYTICS MAKES ANY SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN INSIGHTS ANALYTICS CUSTOMER, YOU UNDERSTAND THAT INSIGHTS ANALYTICS IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, CORRECTIONS, REFUNDS, CREDITS, EXCHANGES, CHARGEBACKS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT INSIGHTS ANALYTICS MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

Vendor Terms and Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INSIGHTS ANALYTICS LLC (“INSIGHTS ANALYTICS”) STATING THE TERMS THAT GOVERN YOUR PARTICIPATION AS AN INSIGHTS ANALYTICS VENDOR. PLEASE READ THIS INSIGHTS ANALYTICS VENDOR AGREEMENT (“AGREEMENT”) BEFORE PRESSING THE “COMPLETE SIGN UP” BUTTON AND CHECKING THE BOX AT THE BOTTOM OF THE REGISTRATION PAGE. BY AGREEING YOU ARE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT REGISTER OR CEASE USE IMMEDIATELY.

Insights Analytics Vendor Agreement

Relationship With Insights Analytics; Insights Analytics ID and Password. You understand and agree that by registering with Insights Analytics to become an Insights Analytics Vendor (“Insights Analytics Vendor”), no legal partnership or agency relationship is created between you and Insights Analytics. You agree not to represent otherwise. You also certify that you are at least thirteen years of age and you represent that you are legally permitted to register as an Insights Analytics Vendor. This Agreement is void where prohibited by law and the right to register as an Insights Analytics Vendor is not granted in such jurisdictions. Unless otherwise agreed or permitted by Insights Analytics in writing, you cannot share or transfer any benefits you receive from Insights Analytics in connection with being an Insights Analytics Vendor. The Insights Analytics ID and password you use to log into your Insights Analytics Vendor account cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of your Insights Analytics ID and password and for any activity in connection with your account.

Vendor Benefits. As an Insights Analytics Vendor, you may have the opportunity to attend certain Insights Analytics Vendor conferences, technical talks, and other events (including online or electronic broadcasts of such events) (“Insights Analytics Events”). In addition, Insights Analytics may offer to provide you with certain services (“Services”), as described more fully herein and on the Insights Analytics Vendor web pages (“Site”), solely for your own use in connection with your participation as an Insights Analytics Vendor. Services may include, but not be limited to, any services Insights Analytics offers at Insights Analytics Events or on the Site as well as the offering of any content or materials displayed on the Site (“Content”). Insights Analytics may change, suspend or discontinue providing the Services, Site and Content to you at any time, and may impose limits on certain features and materials offered or restrict your access to parts or all of such materials without notice or liability.

Restrictions. You agree not to exploit the Site, or any Services, Insights Analytics Events or Content provided to you by Insights Analytics as an Insights Analytics Vendor, in any unauthorized way, including but not limited to, by trespass, burdening network capacity or using the Services, Site or Content other than for authorized purposes. Copyright and other intellectual property laws protect the Site and Content provided to you, and you agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless expressly permitted herein or otherwise permitted in a separate agreement with Insights Analytics, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site, Content or Services. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Services, Site, or Content (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by any licensing terms accompanying the foregoing). Use of the Site, Content or Services to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited. Insights Analytics retains ownership of all its rights in the Site, Content, Insights Analytics Events and Services, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Insights Analytics intellectual property.

Confidentiality. Except as otherwise set forth herein, you agree that any Insights Analytics pre-release software, services, and/or hardware (including related documentation and materials) provided to you as an Insights Analytics Vendor (“Pre-Release Materials”) and any information disclosed by Insights Analytics to you in connection with Insights Analytics Events will be considered and referred to as “Insights Analytics Confidential Information”.

Notwithstanding the foregoing, Insights Analytics Confidential Information will not include: (a) information that is generally and legitimately available to the public through no fault or breach of yours; (b) information that is generally made available to the public by Insights Analytics; (c) information that is independently developed by you without the use of any Insights Analytics Confidential Information; (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation; or (e) any third party software and/or documentation provided to you by Insights Analytics and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation. Further, Insights Analytics agrees that you will not be bound by the foregoing confidentiality terms with regard to technical information about Insights Analytics pre-release software, services and/or hardware disclosed by Insights Analytics, except that you may not post screenshots of, write public reviews of, or redistribute any such materials.

Nondisclosure and Nonuse of Insights Analytics Confidential Information. Unless otherwise expressly agreed or permitted in writing by Insights Analytics, you agree not to disclose, publish, or disseminate any Insights Analytics Confidential Information to anyone other than to other Insights Analytics Vendors who are employees and contractors working for the same entity as you and then only to the extent that Insights Analytics does not otherwise prohibit such disclosure. Except for your authorized purposes as an Insights Analytics Vendor or as otherwise expressly agreed or permitted by Insights Analytics in writing, you agree not to use Insights Analytics Confidential Information in any way, including, without limitation, for your own or any third party’s benefit without the prior written approval of an authorized representative of Insights Analytics in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Insights Analytics Confidential Information. You acknowledge that unauthorized disclosure or use of Insights Analytics Confidential Information could cause irreparable harm and significant injury to Insights Analytics that may be difficult to ascertain. Accordingly, you agree that Insights Analytics will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies it may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Insights Analytics Confidential Information, you may make such disclosure, but only if you have notified Insights Analytics before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as Insights Analytics Confidential Information.

Confidential Pre-Release Materials License and Restrictions. If Insights Analytics provides you with Pre-Release Materials, then subject to your compliance with the terms and conditions of this Agreement, Insights Analytics hereby grants you a nonexclusive, nontransferable, right and license to use the Pre-Release Materials only for the limited purposes set forth in this Section 6; provided however that if such Pre-Release Materials are subject to a separate license agreement, you agree that the license agreement accompanying such materials in addition to Sections 4 and 5 of this Agreement shall also govern your use of the Pre-Release Materials. You further agree that in the event of any inconsistency between Section 4 and 5 of this Agreement and the confidentiality restrictions in the license agreement, the license agreement shall govern. You agree not to use the Pre-Release Materials for any purpose other than testing and/or development by you of a product designed to operate in combination with the same operating system for which the Pre-Release Materials are designed. This Agreement does not grant you any right or license to incorporate or make use of any Insights Analytics intellectual property (including for example and without limitation, trade secrets, patents, copyrights, trademarks and industrial designs) in any product. Except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Insights Analytics intellectual property. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Pre-Release Materials to a human-perceivable form, and you will not modify, network, rent, lease, transmit, sell, or loan the Pre-Release Materials in whole or in part.

Vendor Content License and Restrictions. As an Insights Analytics Vendor, you may have access to certain proprietary content (including, without limitation, video presentations and audio recordings) that Insights Analytics may make available to you from time to time (“Content”). Content shall be considered Insights Analytics Confidential Information, unless otherwise agreed or permitted in writing by Insights Analytics. You may not share the Content with anyone, including, without limitation, employees and contractors working for the same entity as you, regardless of whether they are Insights Analytics Vendors, unless otherwise expressly permitted by Insights Analytics. Subject to these terms and conditions, Insights Analytics grants you a personal and nontransferable license to access and use the Content for authorized purposes as an Insights Analytics Vendor; provided that you may only download one (1) copy of the Content and such download must be completed within the time period specified by Insights Analytics for such download. Except as expressly permitted by Insights Analytics, you shall not modify, translate, reproduce, distribute, or create derivative works of the Content or any part thereof. You shall not rent, lease, loan, sell, sublicense, assign or otherwise transfer any rights in the Content. Insights Analytics and/or Insights Analytics’ licensor(s) retain ownership of the Content itself and any copies or portions thereof. The Content is licensed, not sold, to you by Insights Analytics for use only under this Agreement, and Insights Analytics reserves all rights not expressly granted to you. Your rights under this license to use and access the Content will terminate automatically without notice from Insights Analytics if you fail to comply with any of these provisions.

Compatibility Labs; Vendor Technical Support (VTS). As an Insights Analytics Vendor, you may have access to Insights Analytics’ software and/or hardware compatibility testing and development labs (“Labs”) and/or Vendor technical support incidents (“VTS Services”) that Insights Analytics may make available to you from time to time as an Insights Analytics Vendor benefit or for a separate fee. You agree that all use of such Labs and VTS Services will be in accordance with Insights Analytics’ usage policies for such services, which are subject to change from time to time, with or without prior notice to you. Without limiting the foregoing, Insights Analytics may post on the Site and/or send an email to you with notices of such changes. It is your responsibility to review the Site and/or check your email address registered with Insights Analytics for any such notices. You agree that Insights Analytics shall not be liable to you or any third party for any modification or cessation of such services. As part of the VTS Services, Insights Analytics may supply you with certain code snippets, sample code, software, and other materials (“Materials”). You agree that any Materials that Insights Analytics provides as part of the VTS Services are licensed to you and shall be used by you only in accordance with the terms and conditions accompanying the Materials. Insights Analytics retains ownership of all of its right, title and interest in such Materials and no other rights or licenses are granted or to be implied under any Insights Analytics intellectual property. You have no right to copy, decompile, reverse engineer, sublicense or otherwise distribute such Materials, except as may be expressly provided in the terms and conditions accompanying the Materials. YOU AGREE THAT WHEN REQUESTING AND RECEIVING TECHNICAL SUPPORT FROM VTS SERVICES, YOU WILL NOT PROVIDE INSIGHTS ANALYTICS WITH ANY INFORMATION, INCLUDING THAT INCORPORATED IN YOUR SOFTWARE, THAT IS CONFIDENTIAL TO YOU OR ANY THIRD PARTY. YOU AGREE THAT ANY NOTICE, LEGEND, OR LABEL TO THE CONTRARY CONTAINED IN ANY SUCH MATERIALS PROVIDED BY YOU TO INSIGHTS ANALYTICS SHALL BE WITHOUT EFFECT. INSIGHTS ANALYTICS SHALL BE FREE TO USE ALL SUCH INFORMATION IT RECEIVES FROM YOU IN ANY MANNER IT DEEMS APPROPRIATE, SUBJECT TO ANY APPLICABLE PATENTS OR COPYRIGHTS. Insights Analytics reserves the right to reject a request for access to Labs or for VTS Services at any time and for any reason, in which event Insights Analytics may credit you for the rejected lab or support request. You shall be solely responsible for any restoration of lost or altered files, data, programs or other materials provided.

Amendment; Communication. Insights Analytics reserves the right, at its discretion, to modify this Agreement, including any rules and policies at any time. You will be responsible for reviewing and becoming familiar with any such modifications (including new terms, updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions)(“Additional Terms”) communicated to you by Insights Analytics. All Additional Terms are hereby incorporated into this Agreement by this reference and your continued use of the Site will indicate your acceptance of any Additional Terms. In addition, Insights Analytics may be sending communications to you from time to time. Such communications may be in the form of phone calls and/or emails and may include, but not be limited to, membership information, marketing materials, technical information, and updates and/or changes regarding your participation as an Insights Analytics Vendor. By agreeing to this Agreement, you consent that Insights Analytics may provide you with such communications.

Term and Termination. Insights Analytics may terminate or suspend you as a registered Insights Analytics Vendor at any time in Insights Analytics’ sole discretion. If Insights Analytics terminates you as a registered Insights Analytics Vendor, Insights Analytics reserves the right to deny your reapplication at any time in Insights Analytics’ sole discretion. You may terminate your participation as a registered Insights Analytics Vendor at any time, for any reason, by notifying Insights Analytics in writing of your intent to do so. Upon any termination or, at Insights Analytics’ discretion, suspension, all rights and licenses granted to you by Insights Analytics will cease, including your right to access the Site, and you agree to destroy any and all Insights Analytics Confidential Information that is in your possession or control. At Insights Analytics’ request, you agree to provide certification of such destruction to Insights Analytics. No refund or partial refund of any fees paid hereunder or any other fees will be made for any reason. Following termination of this Agreement, Sections 1, 3-5, 7 (but only for so long as the duration specified by Insights Analytics for such usage), 10-19 shall continue to bind the parties.

Insights Analytics Independent Development. Nothing in this Agreement will impair Insights Analytics’ right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, software or technologies that you may develop, produce, market, or distribute. In the absence of a separate written agreement to the contrary, Insights Analytics will be free to use any information, suggestions or recommendations you provide to Insights Analytics pursuant to this Agreement for any purpose, subject to any applicable patents or copyrights.

Use Of Insights Analytics Trademarks, Logos, etc. You agree to follow Insights Analytics’ trademark and copyright guidelines. (“Guidelines”) may be modified from time to time. You agree not to use the marks “DataPros” “ProSolutions,” “SolutionPros,” “Insights Analytics,” their respective logos or the Insights Analytics Logo, or any other marks belonging or licensed to Insights Analytics in any way except as expressly authorized in writing by Insights Analytics in each instance or as permitted in Insights Analytics’ Guidelines. You agree that all goodwill arising out of your authorized use of Insights Analytics’ marks shall inure to the benefit of and belong to Insights Analytics.

No Warranty. INSIGHTS ANALYTICS, AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “INSIGHTS ANALYTICS” DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN INSIGHTS ANALYTICS VENDOR (COLLECTIVELY, THE “SERVICE” FOR) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. INSIGHTS ANALYTICS CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, INSIGHTS ANALYTICS DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND INSIGHTS ANALYTICS DISCLAIMS ANY LIABILITY RELATED THERETO. INSIGHTS ANALYTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INSIGHTS ANALYTICS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST INSIGHTS ANALYTICS FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT INSIGHTS ANALYTICS MAKES ANY SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN INSIGHTS ANALYTICS VENDOR, YOU UNDERSTAND THAT INSIGHTS ANALYTICS IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, CORRECTIONS, REFUNDS, CREDITS, EXCHANGES, CHARGEBACKS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT INSIGHTS ANALYTICS MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.

Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL INSIGHTS ANALYTICS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM DELAY OF DELIVERY, FOR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, FOR BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF INSIGHTS ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL INSIGHTS ANALYTICS’ TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

Third-Party Notices and Products. Third-party software provided by Insights Analytics to you as an Insights Analytics Vendor may be accompanied by its own licensing terms, in which case such licensing terms will govern your use of that particular third-party software. Mention of third-parties and third-party products in any materials, documentation, advertising, or promotions provided to you as an Insights Analytics Vendor is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Insights Analytics shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.

Export Control. You may not use or otherwise export or re-export any Insights Analytics Confidential Information received from Insights Analytics except as authorized by United States law and the laws of the jurisdiction in which the Insights Analytics Confidential Information was obtained. In particular, but without limitation, the Insights Analytics Confidential Information may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By becoming an Insights Analytics Vendor or using any Insights Analytics Confidential Information, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use any Insights Analytics Confidential Information for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

Governing Law.This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. The parties further submit to and waive any objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the Northern District of California, California Superior Court for Santa Clara County, Santa Clara County Municipal Court, or any other forum in Santa Clara County, for any disputes arising out of this Agreement.

Government End Users. Certain Insights Analytics Confidential Information may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Miscellaneous. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Insights Analytics, and no single waiver will constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of Insights Analytics. Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter. No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Insights Analytics unless made in writing and signed by an authorized representative of Insights Analytics. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Insights Analytics and DataPros reserve the right to modify this agreement at any time. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.