VisiStat™ Terms & ConditionsScroll down or click here to read our Privacy PolicyWEBSITE TERMS OF USE & FREE TRIAL AGREEMENT This Website Terms of Use & Free Trial Agreement (the "Agreement") is a legal contract between you (the "User") and VisiStat.com ("VisiStat"). The Agreement governs your use of VisiStat.com ("Site Use") and VisiStat's trial services ("Services"). Your Site Use and use of the Services are conditional on your acceptance of this Agreement. By using any Service or by checking the acceptance box at the end of this Agreement, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register. THE SERVICES - VisiStat will provide you with the Services for which you register on VisiStat's Website, subject to the terms and conditions of this Agreement. You acknowledge that the Services may be offered in various separately priced service levels or packages ("Service Plans"), and you will only receive the Service Plan that you have registered for. With respect to free-of-charge trials, the fees referred to in this Agreement will be equal to zero dollars ($0.00). Descriptions of each Service, and the various Service Plans that are available for each Service, are available on VisiStat's Website. REGISTRATION PROCESS - To sign up for or receive a free trial Service, you must submit or maintain on file with VisiStat certain registration data, as requested by VisiStat's online registration form for the Service. Such registration data shall include, but not be limited to, your name, address, e-mail address and Website URLs. VisiStat reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to you. VisiStat's use of your registration information is governed by VisiStat's privacy policy. DURATION AND CANCELLATION OF TRIAL SERVICES - Unless stated otherwise on VisiStat's Web pages, trial Services will be provided as stated on the Website for the full length specified, and/or specified limit of page views has been reached. At any time after activation of a trial Service, either you or VisiStat may cancel that Service or VisiStat may discontinue the Service completely by providing written hardcopy or electronic notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the originally specified period. VisiStat also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. USE OF CODE - Services rely on the use of code in your Web page(s). Subject to your compliance with all the terms of this Agreement, VisiStat grants you permission to use the code supplied to you by VisiStat (the "Code") solely for your use in receiving the trial Services for which you were granted. You agree to follow all instructions and restrictions provided to you by VisiStat with respect to your use of the Code. YOU AGREE THAT VISISTAT WILL NOT BE RESPONSIBLE FOR ANY MALFUNCTIONS, ERRORS, DATA INACCURACIES, OR IMPROPER RESULTS ATTRIBUTABLE TO YOUR USE OF ANY CODE, WHETHER USED CORRECTLY, INCORRECTLY, OR BY UNAUTHORIZED OR UNSUPPORTED USE OF ANY CODE. PRICING CHANGES AND OTHER MODIFICATIONS - VisiStat services are billed on a subscription basis. VisiStat may change or withdraw the terms of the free trial Service, or any other terms of this Agreement, at any time by updating the applicable information or other terms posted on VisiStat's Website. New pricing terms will become effective immediately after VisiStat posts such changes to its Website. If you do not agree to any changes posted by VisiStat in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes. Additional modifications to these terms and conditions may be made in special circumstances, but only if approved in advance in a signed writing on VisiStat's letterhead by an authorized management-level VisiStat official. Product sales and support representatives are not authorized to waive or modify any provisions of this Agreement. No failure by VisiStat to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or VisiStat's rights and remedies hereunder. MAILING LIST - By signing up and/or registering for services, trials, subscription or any offerings, paid or free of charge, you agree to be added to VisiStat's promotional mailings and e-mail updates. You always have the option of opting out (removing yourself from such mailings) by signing in to your account preferences and unchecking the appropriate box provided. Your information will never be given or sold to any one outside VisiStat. YOUR PROMISES AND OBLIGATIONS - AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.
Without limiting its other remedies, VisiStat may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) above, VisiStat reserves the right to monitor the content of the Web pages or sites that correspond to the URLs you submit to VisiStat. OWNERSHIP RIGHTS - You agree and understand that the Services and all graphic designs, icons, HTML, code, computer programming, and other elements incorporated therein are the exclusive property of VisiStat. In addition, you acknowledge that VisiStat owns all right, title, and interest in and to VisiStat's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement. DISCLAIMER OF WARRANTY - VisiStat makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind. VISISTAT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VISISTAT DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT. LIMITATION OF LIABILITY - IN NO EVENT WILL VISISTAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT VISISTAT IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT WILL VISISTAT'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY VISISTAT FROM YOU UNDER THIS AGREEMENT. Without limiting the foregoing, VisiStat is not responsible for any of your data residing on VisiStat hardware. You are responsible for backing-up your data and information that may reside on the VisiStat hardware, whether or not such information is produced through the use of the Service. INDEMNIFICATION - You agree to indemnify, hold harmless, and at VisiStat's request, defend VisiStat and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to VisiStat or make available to any third party, including your registration data and the content of the Web pages corresponding to the URLs you submit to VisiStat. This obligation shall survive any termination of your relationship with VisiStat. SOLE AND EXCLUSIVE REMEDY - If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds or obligations are inferred or available. GENERAL PROVISIONS - The laws of the United States of America and the State of California govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in the State of California in all disputes arising out of or relating to this Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against VisiStat. The prevailing party in any dispute relating to the Services or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute. This Agreement, along with VisiStat's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and VisiStat with respect to the Services. To the extent of any conflict between this Agreement and VisiStat's Website Terms of Use, the Website Terms of Use will govern your general use of VisiStat's Website, and this Agreement will govern your use of the Services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force. No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by e-mail and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of VisiStat and consequently you will receive periodic announcements and information regarding VisiStat's services. You may request to be removed from the news mailing list at any time. PUBLICITY - VisiStat has your permission and may, at VisiStat's discretion, include your Website's domain name and logo on its customer lists, testimonials, case studies and press releases. SPECIAL REMARKS - The following types of Websites are NOT allowed to participate in the trial Service: (a) Websites which promote illegal activity or racism, or which are libelous, defamatory, racist, hate-crime oriented, obscene, pornographic, abusive, harassing or threatening, (b) Websites which contain viruses or other contaminating or destructive features, (c) Websites which violate the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) Websites which provide instructions or discussions about performing illegal activities, (e) Websites that promote or utilize software or services designed to deliver unsolicited e-mail, or (f) Websites which otherwise violate any applicable law or that we otherwise deem to be inappropriate. You will only be allowed to use the free trial Service one time per domain, for the life of the domain under your ownership. You agree not to change the Service's programming code. You acknowledge and agree that general information about your Website (name, URL, traffic counts, etc.) may be utilized by VisiStat. Possible uses include, but are not limited to, lists of the busiest sites, lists of member sites, general promotional uses, etc. QUESTIONS - If you have any questions about this Agreement or VisiStat's Services, please contact VisiStat by e-mail at info@VisiStat.com. Thank you for choosing VisiStat.com to monitor your Website traffic.
PRIVACY POLICY YOUR INFORMATION: The VisiStat system may collect general aggregate information that will not personally identify you. This type of information could include Internet browser, Operating system, Date of visit, Time of visit and/or Path taken through the site. This information by itself does not identify any individual and we will not combine it with information that does identify you as an individual. It provides statistics that we use to analyze and improve VisiStat.com. Personally identifiable information is defined as any personal information that could identify you, such as your name, address, telephone number, billing and shipping information, credit card information, or e-mail address. Because we take your privacy seriously, we will not collect any personally identifiable information unless you voluntarily provide it. We will not share your personal information with third party suppliers and service providers, including independent contractors providing services for, or with VisiStat.com. We will only disclose personally identifiable information to third parties if you consent to the disclosure, if we are compelled or authorized to do so by law, or if we reasonably believe there is a threat to someone's life or health. Personally identifiable information submitted for employment purposes will only be used in connection with the application process. It will not be used or disclosed for any other purposes unless required or authorized by law. Our site's registration form requires users to give us contact information (i.e., name and e-mail address) and Website information (i.e., domain/URL). We will only use the information from the registration form to (i) send you information about our company, (ii) contact you when necessary and, (iii) set up your account and VisiStat tools. MAILING LIST OPT-IN/OPT-OUT: By signing up and/or registering for services, trials, subscription or any offerings, paid or free of charge, you agree to be added to VisiStat's promotional mailings and e-mail updates. You always have the option of opting out (removing yourself from such mailings) by signing in to your account preferences and unchecking the appropriate box provided. Your information will never be given or sold to any one outside VisiStat. CODE SNIPPET: When signed up for our service, you will be asked to embed a piece of code into pages of Websites. This gives us statistical site usage information about the pages visited, duration of page view, location previous to accessing the VisiStat.com site, the navigational habits of user, and browser and operating system. We do not use this code to collect any personally identifiable information; it is only used for the functionality of VisiStat.com and for your information. If and when this trial agreement, or any subsequent subscription, is terminated by VisiStat or by you for any reason, you agree to remove VisiStat code, "snippet," logos and trademarks and any other parts of the Service from all of your Websites and other items. If you do not remove all VisiStat code and snippet, the snippet will convert to an image publicly displaying "powered by VisiStat" or a similar message as long as the snippet remains on the site. OUTSIDE LINKS: This site contains links to other sites. VisiStat.com is not responsible for the privacy practices or the content of Websites to which we link. DATA SECURITY: We are committed to maintaining the security of the data we collect and protecting it from loss, misuse or alteration. This applies to demographic information, client site usage information, and personally identifiable information. We store the data collected on secure VisiStat.com servers that can be accessed only by authorized personnel. To safeguard all information collected, VisiStat.com and all of its staff follow the practices in this policy. No one is permitted to access or use information for any purpose other than those explained in this policy. POLICY AMENDMENTS: To fully protect your privacy, we reserve the right to amend this policy at any time, and for any reason. We will post the amended terms on this Website as they occur and encourage you to frequently check for updates. Nothing contained in this policy is intended to create a contract or agreement between VisiStat.com and any user providing identifiable information in any form. We will take all necessary steps to comply with this privacy policy, however, to the extent permitted by law, nothing in this policy is intended to hold VisiStat.com liable for any failure to comply with this policy. Further, because VisiStat.com does not control the privacy practices of our clients, links or affiliates, we advise that you read and fully understand their privacy policies. If you have any questions about this privacy statement, the practices of this site, or your dealings with this Website, you can contact: privacy@VisiStat.com
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