Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

SECTION 1 – GENERAL DISCLAIMERS

1.1 Agreement between user and Experience Analytics

Welcome to Experience Analytics. This website is owned, operated and offered to You exclusively by Experience Analytics. Throughout our legal agreements we will herein be referred to as “Experience Analytics” and the term user which includes both users browsing this website and availing our services will be herein referred to as “You”.

1.2 You agree to be bound.

By using the Experience Analytics website, You agree to comply and be bound by our Terms of Use, Privacy Policy and all other applicable laws and regulations. If You do not agree to these Terms of Use, please do not use the Experience Analytics website or services. While we do our best to provide optimal services You agree that You have carefully read and understood the warranty clause explained in section 7 below.

1.3 Assumption of risk.

You are using this site at your own risk. Experience Analytics is not responsible for any loss, injury, claim, liability, or damage related to your use of our website or services.

1.4 Changes to the Terms of Use

Experience Analytics reserves the right in its sole discretion to change the Terms of Use at anytime without notice to You. The most current version of the Terms of Use will supersede all previous versions. It is your responsibility to review these Terms of Use periodically to stay informed of our updates.

1.5 International Users

Experience Analytics is operated and administered from our office based in the UK. If You access our services from a location outside the UK, You are responsible for compliance with all local laws. You agree that You will not use our website or services in any manner prohibited by any applicable laws, restrictions or regulations.

SECTION 2 – OWNERSHIP/ INTELLECTUAL PROPERTY

2.1 Ownership rights / Intellectual Property to the website

This website is owned and operated by Experience Analytics℠. All right, title and interest in and to the website materials, including, but not limited to, information, documents, logos, graphics, sounds and images, are owned by Experience Analytics℠. Nothing on this website should be construed to confer any license of Experience Analytics’s intellectual property. Experience Analytics reserves all rights to its owned content, website materials, and intellectual property.

SECTION 3 – LINKS TO THIRD PARTY SITES

3.1 No responsibility for third party links.

Our website and communications may contain links to third-party websites. We are not responsible for, and do not endorse or accept any responsibility for, the availability, contents, products, services or use of such third-party websites.

3.2 You assume the risk.

You expressly accept and understand to bear all risks when accessing third-party links or content and You agree not to hold Experience Analytics liable for any loss or damage suffered as a result of any dealings with any third party.

SECTION 4 – ADDITIONAL TERMS

4.1 Security.

Experience Analytics does take reasonable, substantial steps to secure our website and client information. Please contact us immediately if You suspect our security has been breached.

4.2 Right to prevent security threats.

If Experience Analytics’ technical staff finds that a user’s data threatens the Experience Analytics’ security or business operations then Experience Analytics reserves the right to delete such data and refuse such user access to the Experience Analytics’ website and services. In such cases, Experience Analytics will contact the member as soon as it is feasible.

4.3 Right to refuse service.

Experience Analytics reserves the right to refuse service to anyone and to cancel user access at any time.

4.4 Children.

Minors are not eligible to use our website. Minors should not submit personal information to us; if they do, we will promptly delete it.

4.5 Liveability.

In case any provision of these Terms of Use is held invalid, illegal, or unenforceable, such provision will be severed from these Terms of Use. The validity, legality, and enforceability of the remaining provisions will not be affected or impaired in any way.

SECTION 5 – NO WARRANTY

5.1 No warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, Experience Analytics EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THE FOLLOWING SPECIFIC WARRANTIES: (A) THAT THE WEBSITE OR THE END PRODUCT WILL MEET YOUR REQUIREMENTS; (B) THAT THE END PRODUCT WILL BE ERROR-FREE; (C) THAT THE WEBSITE WILL BE AVAILABLE ON AN ERROR-FREE, UNINTERRUPTED, TIMELY, AND SECURE BASIS; (D) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR END PRODUCTS WILL BE ACCURATE OR RELIABLE; OR (E) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS

5.2 Assumption of risk for documents obtained.

YOU UPLOAD OR OBTAIN ANY END PRODUCT FROM THE Experience Analytics WEBSITE AT YOUR OWN RISK AND DISCRETION. Experience Analytics WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM ANY CONTENT OR DOCUMENT UPLOAD OR DOWNLOAD.

SECTION 6 – LIMITATION OF LIABILITY AND INDEMNIFICATION

6.1 Paragraph survives.

THIS PARAGRAPH WILL SURVIVE TERMINATION OF THIS AGREEMENT.

6.2 Indemnity.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Experience Analytics AND ITS AFFILIATES, PARTNERS, AGENTS, EMPLOYEES, OWNERS, OFFICERS, DIRECTORS, OTHER REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY “Experience Analytics’s PARTIES”) FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, CLAIMS, DEMANDS, SUITS, AND JUDGMENTS ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE

6.3 Limitation of Liability.

IN NO EVENT WILL Experience Analytics PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING LOSS OF PROFITS, SOLICITOR’S FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL), EVEN IF THE Experience Analytics’s PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.4 Limitations of liability if found liable.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID FOR THE PRODUCTS OR SERVICES.

6.5 Claims covered.

SECTION 6 APPLIES TO ALL LEGAL MATTERS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION A) ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT, B) THE USE OF Experience Analytics’s SERVICES, C) AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY YOU, OR D) ANY VIOLATION BY YOU OF ANY GOVERNMENT, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Experience Analytics HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SECTION 7 – COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

7.1 Agreement to follow the law.

When utilising Experience Analytics’ services, You agree to comply with all intellectual property and trademark laws.

7.2 Responsibility for legal violations.

You are solely responsible for violations of any relevant laws and any infringements of any third party rights.

7.3 Termination of service.

Experience Analytics retains the right to suspend or terminate a user’s access to the website or Experience Analytics’ services if the user has infringed the rights of a third party or Experience Analytics, or if the user has violated any intellectual property or trademark laws.

SECTION 8 – INAPPROPRIATE OR ILLEGAL CONTENT

8.1 No illegal or inappropriate use of services.

You agree not to use the Experience Analytics website for any purpose that is unlawful, prohibited by these Terms of Use or anything which is deemed inappropriate by Experience Analytics in its sole discretion.

8.2 Cooperation with law enforcement.

Experience Analytics will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

SECTION 9 – GOVERNING LAW

9.1 Governing Law and Exclusive Venue.

This Agreement is governed and construed in accordance with, the laws of England without giving effect to the principles of conflict of laws. If any proceeding should arise out of this Terms of Use or our services, You agree to submit to the exclusive jurisdiction of the courts located in England. You understand and acknowledge that the address on this website is used for marketing and demonstration purposes only.