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VisiStat Terms of Service, Use and Policies

Service Agreement | Pricing & Refunds Policy | Privacy Policy | Copyright & Trademark Notices

ACCEPTANCE OF TERMS

Your use of VisiStat's services, products, software and Website(s) (referred to collectively as "Services"), excluding any services provided to you (the "Customer") by VisiStat under a separate written agreement, is subject to the terms as a legal agreement between you and VisiStat. "VisiStat" means VisiStat, Inc., whose principal place of business is located at 1875 S. Bascom Ave., Suite 2445, Campbell, California, 95008, USA.

Unless otherwise agreed in writing with VisiStat, your Agreement with VisiStat will always include, at a minimum, the terms and conditions set out in this document.

In order to use the Services, you MUST first agree to the Terms. You may not use the Services if you do not accept the Terms.

You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by VisiStat in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that VisiStat will treat your use of the Services as acceptance of the Terms from that point forward.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with VisiStat, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

Before you continue, you should print off or save a local copy of the Terms for your records.

SERVICE AGREEMENT

This Service Agreement ("Agreement") is a legal contract between you (the "Customer") and us ("VisiStat"). This Agreement governs Customer subscription and use of the VisiStat online Website service (the "Service") and incorporates all Terms as applicable. Customer use of the Service is conditional on acceptance of this Agreement. By using any Service and/or by checking the acceptance button provided for this Agreement, Customer accepts and agrees to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Service for which Customer registers. Customer use of Service and/or clicking the "I accept" button for this Agreement acts as a digital signature, creating a binding Service Agreement and legal contract between Customer and VisiStat.

Your Agreement with VisiStat includes the terms of any Legal Notices applicable to the Services. Where additional terms and/or policies apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

All terms and policies, together with any additional terms, form a legally binding agreement between you and VisiStat in relation to your use of the Services. Collectively, this legal agreement is referred to as the "Terms." It is important that you take the time to read them carefully.

If there is any contradiction between what the Terms say and what any additional terms or policies say, then the most current Terms shall take precedence in relation to that Service.

SERVICES. VisiStat will provide Customer with the Service for which Customer registers on VisiStat's Website, subject to the terms and conditions of this Agreement. Customer acknowledges that the Service may be offered in various separately priced service levels or packages ("Service Plans"), and Customer will only receive the Service Plan(s) that Customer has registered for, and for which Customer is paying all associated fees.

SERVICE DEFINITION. Service is defined as use of the real-time Web analytics statistical reporting service, tools and programs provided by VisiStat on a subscription basis. The VisiStat service covered herein is located on the Internet at http://www.visistat.com.

Service Activation: By definition, service is activated on account set up, which electronically occurs once the Terms Agreement has been digitally signed at the completion of the online sign up form and the secure form is sent. Once the form is sent, an account is automatically generated, and activation of service along with all applicable terms, use and service agreements has begun.

Service Pricing: Price for Service as set forth herein is based on the total number of accumulative reported views for a Customer's Website pages, per month. Defined as "page views," this tracking occurs and is executed to record visitor information on every page that has the approved, unaltered authorized VisiStat code "snippet."

REGISTRATION PROCESS. To sign up for or receive any Service, Customer must submit and maintain on file with VisiStat certain registration data, which shall include the information requested on VisiStat's online registration and subscription forms. Such registration data shall include, but not be limited to, Customer name, address, phone number, e-mail address, Website URL(s), credit card number and other billing information. VisiStat reserves the right, in its sole discretion, to refuse and/or terminate any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to Customer unless and until it has charged Customer's credit card and received full payment of the applicable fee(s). VisiStat's use of Customer registration information is governed by VisiStat's privacy policy.

MAILING LIST OPT-IN/OPT-OUT. By registering, 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.

AGREEMENT TERM. This Agreement commences on the date it is executed and shall continue until terminated by one or both parties under the terms defined in this Agreement. CUSTOMER AGREES TO AN AUTOMATIC RENEWAL OF THIS AGREEMENT FOR THE PERIOD OF TIME SELECTED FOR SUBSCRIPTION UNTIL OR UNLESS ONE OR BOTH PARTIES CHOOSES TO TERMINATE THIS AGREEMENT UNDER THE TERMS AS DEFINED HEREIN. AUTOMATIC RENEWAL IS DEFINED AS CONTINUATION OF THIS AGREEMENT FROM ONE TERM PERIOD TO ANOTHER, SUBJECT TO A PRICE REVIEW AND UPDATE OF PRICE TO REFLECT CURRENT PRICING AT TIME OF RENEWAL AS NECESSARY. PRICE CHANGES ARE AUTOMATIC UPON BILLING TO REFLECT CURRENT PRICING SCHEDULE AT TIME OF RENEWAL. All other terms and conditions of this Agreement will continue.

PRICING. Customer agrees to pay base subscription fee and any module or add-on (premium) services to which he/she subscribes on an automatic recurring basis for as long as Customer remains subscribed to VisiStat services. Customer further agrees that if or when total account page views exceed the maximum posted online for their chosen account/subscription base amount in any calendar month that they will automatically be subject to and subsequently billed for CPM* (Cost Per Mille) costs commensurate with the pricing posted on the VisiStat.com Website for their selected subscription plan and Customer billing will reflect the applicable CPM pricing status on a month by month total of page views.

*CPM (Cost Per Mille) pricing is an additional fee over the base subscription charge, counted per 1,000 page views. This CPM fee is only applied for Websites that exceed the base of 25,000 views within a monthly billing cycle. If CPM applies, the customer is charged $.50 per 1,000 page views over the base, accumulated and counted on a per month basis. CPM example:

Page Views Per Month
0 - 25,000 (base) included in subscription
25,001 - 3,000,000 (CPM) $.50 CPM
Example: 32,000 page views
First 25,000 page views included in subscription. Additional 7,000 page views figured at $0.50 CPM (7,000 ÷ 1,000 = 7 x $.50 = $3.50). The total monthly CPM charge would be $3.50.
Note: Quarterly and annual subscription plans will be billed for CPMs monthly

SNIPPET INSTALLATION SERVICE. This is an optional service apart from subscriptions. Customer may opt to have VisiStat install their VisiStat account tracking snippet on their Website by sending a Support Ticket through their reporting center account. The fee is $49 per domain/Website and will be billed to the account credit card upon completion of the snippet install. Service details will be sent through support e-mail upon Customer's request for service, and service information is also available on the main Support page. Snippet installation orders and terms shall be reinforced within these Terms and Agreement. By placing a snippet installation request, Customer verifies and swears they are an authorized representative of the Website and/or the subscription account holder and is legally allowed to request the service. Furthermore, Customer agrees to hold VisiStat harmless against any changes, damages, increased or lost revenue, traffic changes, real or imagined effects or any other circumstances related to accessing and altering Customer's Website code. All Terms and Conditions of this User Agreement remain in force.

PAYMENT. Customer agrees to pay VisiStat any set-up fees and recurring subscription fees listed on VisiStat's Website or in the Pricing Schedule as applicable for the Service Customer selects. COMPLETION AND SUBMISSION OF ANY SERVICE ACTIVATION FORM AUTHORIZES VISISTAT TO CHARGE THE CREDIT CARD SPECIFIED IN CUSTOMER REGISTRATION FOR ALL SUCH FEES AND ANY RELATED TAXES CORRESPONDING TO THE SELECTED SERVICE. SUCH CHARGES WILL BE MADE ON A RECURRING BASIS FOR SERVICE AS SELECTED ON CUSTOMER SIGN UP FORM. In order to avoid the full fee for any new subscription period, Customer must cancel the Service thirty (30) days BEFORE the new period begins. Any failure to pay the amounts due under this Agreement will be a material breach of Customer obligations under this Agreement. Without limiting any other remedies available to VisiStat, YOU AGREE TO FULLY REIMBURSE VISISTAT FOR ANY COSTS AND EXPENSES THAT VISISTAT MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.

REFUNDS. CUSTOMER ACKNOWLEDGES AND AGREES THAT ONCE PAYMENT HAS BEEN RECEIVED BY VISISTAT AND SERVICE IS ACTIVATED NO REFUNDS WILL BE ISSUED FOR ANY REASON.

BILLING. Following activation of service and execution of this Agreement, all monthly fees will automatically be billed on the approved schedule to Customer's charge card on file. In case of interruption in automatic billing for whatever reason, monthly service fees are due and payable within ten (10) days of receipt of the applicable invoice. In the case of need for preparation and generation of a paper invoice due to Customer's actions or inactions, a twenty-five dollar ($25.00 USD) bookkeeping and handling fee will be added to the amount due. All payments shall be made in U.S. currency. All available payment/subscription options are included in this policy.

SERVICE CHANGE FEES. A twenty-five dollar ($25.00 USD) fee will be charged to Customer's credit card for changing billing option to a lesser period term/subscription. For example, if Customer pays for annual subscription term and requests account to be changed to month-to-month status, a twenty-five dollar ($25.00) fee will be assessed and charged immediately upon completion of the requested change.

LATE FEES. The Customer will pay a late payment charge of 2.5%, or the maximum amount allowable by law, whichever is greater, on any undisputed invoice remaining unpaid after the date upon which payment is due. If Customer fails to pay any undisputed invoices for a period of sixty consecutive days after the invoiced due date, VisiStat may, in its discretion, suspend or otherwise terminate Service at VisiStat's option. Reactivation of a closed or suspended account will be assessed a one hundred dollar ($100.00) reactivation fee payable before reinstatement of services begin.

CHANGES AND MODIFICATIONS. The VisiStat services are billed on a subscription basis. VisiStat may change its Service fees, prices, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on VisiStat's Website and these Terms. If Customer does not agree to any changes posted by VisiStat in accordance with this Section, Customer must cancel Customer account or the affected Service as provided herein before the given changes become effective; otherwise Customer 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 a duly authorized management-level VisiStat official. Product sales and support representatives or sales agents 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 Customer obligations or VisiStat's rights and remedies hereunder.

DURATION AND CANCELLATION OF SERVICES. The term of this Agreement will begin on the date that VisiStat accepts Customer's initial registration and will continue in force until terminated according to terms stated herein. Unless stated otherwise on VisiStat's Web pages applicable to a given Service, each Service will be provided and billed on a regular subscription basis, measured from the beginning of the calendar month immediately following activation of the given Service. Subscriptions will automatically renew with each contracted period, as applicable, until cancelled in accordance with the terms herein. At any time after activation of a Service, either Customer 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 then-current billing period. VisiStat also reserves the right to cancel any individual Service immediately and without notice in the event that Customer breach any provision of this Agreement or any other terms that apply to the Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" HEREIN.

Either party shall have the right to terminate this Agreement if the other party breaches a material term under this Agreement and fails to cure such breach within thirty (30) calendar days after receipt of written notice describing the breach in reasonable detail, or if the other party becomes bankrupt, insolvent or there is a substantial change in ownership of either party.

All remaining terms of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. If this agreement is terminated by VisiStat or by Customer for any reason, Customer agrees to remove VisiStat code, "snippet," logos and trademarks and any other parts of the Service from all of Customer Websites and other items. If Customer does 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.

In circumstances beyond VisiStat's control, including but not limited to equipment failure, acts of nature, disaster or third party actions, VisiStat will be held blameless and harmless against legal action for the discontinuance of service.

CUSTOMER PROMISES AND OBLIGATIONS. AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT AND WARRANT THE FOLLOWING:
   (a) All of the registration information Customer supplies to VisiStat is true, complete and accurate, and Customer will notify VisiStat of any changes to Customer registration data during the term of this Agreement and submit updated information within twenty (20) days of any such changes;
   (b) None of the URLs Customer submits to VisiStat link to any Web page or site that contains any:
        (i) nudity, pornography or other sexually-explicit material;
        (ii) hate propaganda or material that encourages or promotes illegal activity or violence;
        (iii) content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents or any other third party intellectual property, contract, privacy or publicity rights;
        (iv) material that promotes or utilizes software or services designed to deliver unsolicited e-mail;
        (v) material that violates any local, state or national law or regulation;
        (vi) misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent or otherwise objectionable, offensive or harmful; or
        (vii) other material that VisiStat, in its sole discretion, deems inappropriate, including any violations of standards posted on VisiStat's Website or sent to Customer by e-mail.
   (c) You will safeguard account information and password by not disclosing it to any third party, and Customer will assume responsibility for any and all harm or liability attributable to Customer or any other person accessing Customer account or any Service with Customer account information and password;
   (d) You will not copy, sell, redistribute, license, sublicense, or otherwise transfer Customer account, or any materials provided to Customer in connection with the Service, to any third party without VisiStat's written consent;
   (e) You will treat any and all consumer information gathered for Customer or transmitted to Customer via the VisiStat Website or Service in accordance with VisiStat's Privacy Policy;
   (f) You will comply with all federal laws and regulations governing Customer actions under this Agreement; and
   (g) You have full power and authority to enter into this Agreement and to perform Customer obligations hereunder.

Without limiting its other remedies, VisiStat may refuse or cancel Customer account or Service at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) VisiStat reserves the right to monitor the content of the Web pages or sites that correspond to the URLs Customer submits to VisiStat.

MODIFICATIONS TO USE OF SERVICE. Customer will make no efforts to misuse VisiStat services or data, including but not limited to reverse engineering of the software/programming/data, share services with unauthorized parties, use data to hack, spam or illegally manipulate in any way whatsoever, and/or make any modifications or enhancements without VisiStat's express written consent.

VisiStat may, at any time and without notice, perform service, update or add to the Web analytics services and reporting tools. VisiStat is not obligated to include new functions or improved services that are not covered within this Agreement and is free to make that decision on a "per Customer, per circumstance" basis.

USE OF CODE "SNIPPET." VisiStat Service relies on the use of a specific and custom code "snippet" placed in Customer Web page(s) files. Subject to Customer compliance with all the terms of this Agreement, VisiStat grants Customer permission to use the code supplied to Customer by VisiStat (the "Code") solely for Customer use in receiving the Service for which Customer has paid. Customer agrees to follow all instructions and restrictions provided by VisiStat with respect to Customer use of the Code. In addition, Customer agrees that at the termination of Service for whatever reason, Customer will remove the snippet from all their Web pages and use. Customer acknowledges that, if the snippet is not removed upon discontinuance of Service, the snippet will convert to an image displaying a "powered by VisiStat" message that will be visible on the Customer's Web page. This image will remain until the snippet is removed. CUSTOMER AGREES THAT VISISTAT WILL NOT BE RESPONSIBLE FOR ANY MALFUNCTIONS, ERRORS, DATA INACCURACIES OR IMPROPER RESULTS ATTRIBUTABLE TO USE OR LACK THEREOF OF ANY CODE, WHETHER USED CORRECTLY, INCORRECTLY OR BY UNAUTHORIZED OR UNSUPPORTED USE OF ANY CODE.

OWNERSHIP RIGHTS. Customer and/or User agrees that the Service and all graphic designs, icons, HTML, code, computer programming, software and other elements incorporated therein are the exclusive property of VisiStat. In addition, Customer/User acknowledges that VisiStat owns all rights, title and interest in and to VisiStat's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, code, snippet and know-how related to the design, function or operation of the Service. Customer rights to the Service are strictly limited to the rights expressly granted in this Agreement.

Furthermore, VisiStat agrees that all Customer Web statistics, tracking data and Website visitor usage information captured during Service is Customer's sole property, and that VisiStat will not use, sell, or otherwise leverage Customer's statistical data for any purposes outside of those stated within this Agreement without written permission from Customer. Data collected by VisiStat within the terms of this Agreement is private and will not be shared or disclosed in whole or in part to any other party.

VisiStat's use of Customer registration information is governed by VisiStat's privacy policy.

DISCLAIMER OF WARRANTY. VisiStat makes no guarantees of any kind regarding the use or the results derived from any Service in terms of dependability, accuracy, security, timeliness, availability, reliability or usefulness. The Service and all related materials, including report data, are provided "AS IS" without warranty or guarantee 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.

WARRANTY AND REMEDY LIMITATIONS. VISISTAT WARRANTS THAT THE SERVICE, WHEN PROPERLY USED, WILL OPERATE AS PRESENTED AND DESCRIBED AND THAT CUSTOMER WILL BE NOTIFIED OF UPGRADES AND CHANGES TO THE SYSTEM. VISISTAT'S ENTIRE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE VISISTAT'S OPTION TO EXTEND SERVICE TIME AT NO ADDITIONAL COST TO COMPENSATE FOR LOST ACTIVITY TIME. IF CUSTOMER IS DISSATISFIED WITH ANY PORTION OF ANY SERVICE, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS TO CANCEL CUSTOMER ACCOUNT OR CUSTOMER SUBSCRIPTION TO THE GIVEN SERVICE ACCORDING TO THIS AGREEMENT. NO REFUNDS ARE AVAILABLE.

LIMITATION OF LIABILITY. IN NO EVENT WILL VISISTAT BE LIABLE TO CUSTOMER 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.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFITS, AND EITHER PARTY'S LIABILITY TO THE OTHER PARTY FOR ANY OTHER DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT WHETHER IN CONTRACT, TORT, OR OTHERWISE WILL BE LIMITED TO THE AMOUNT PAID OR PAYABLE TO VISISTAT FROM CUSTOMER AS COMPENSATION FOR SERVICES UNDER THIS AGREEMENT.

FURTHERMORE, IN NO EVENT WILL VISISTAT'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY VISISTAT FROM CUSTOMER UNDER THIS AGREEMENT. Without limiting the foregoing, VisiStat is not responsible for any of Customer's data residing on VisiStat hardware. Customer is wholly responsible for backing-up Customer data and information that may reside on the VisiStat hardware, whether or not such information is produced through the use of the Service.

DISPUTE RESOLUTION. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute by engaging in an informal dispute resolution process. For a period of thirty (30) days after notice from either party, the parties shall attempt in good faith to resolve the dispute by direct negotiation of representatives of the parties. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties.

ATTORNEY FEES. If any legal action is necessary to enforce this Agreement, each party is wholly responsible for their own attorney fees, costs and expenses.

INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. VISISTAT SERVICES FURNISHED UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS AGAINST INFRINGEMENT. VISISTAT WILL INDEMNIFY, HOLD CUSTOMER HARMLESS FROM, ANY CLAIM, SUIT OR PROCEEDING BROUGHT AGAINST CUSTOMER SO FAR AS IT IS BASED ON A CLAIM THAT VISISTAT, OR ANY PARTY THEREOF, INFRINGES A COPYRIGHT, TRADE SECRET OR AN EXISTING PATENT, IF NOTIFIED PROMPTLY IN WRITING OF THE CLAIM AND GIVEN FULL AUTHORITY, INFORMATION AND ASSISTANCE FOR THE DEFENSE.

INDEMNIFICATION. Customer agrees 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) Customer breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information Customer supplied to VisiStat or made available to any third party, including Customer registration data and the content of the Web pages corresponding to the URLs Customer submitted to VisiStat. This obligation shall survive any termination of Customer relationship with VisiStat.

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 Customer use of the Service. In addition, Customer hereby consents to the exclusive jurisdiction of, and venue in, such courts for any action commenced by Customer against VisiStat. The prevailing party in any dispute relating to the Service or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute.

The Agreement, along with VisiStat's Terms referenced herein, constitutes the entire Agreement between Customer and VisiStat with respect to the Service. To the extent of any conflict between the Agreement and Terms, the Terms will govern Customer general use of VisiStat's Website and Service, and the Agreement will govern Customer use of the Service in particular. If any part of the 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. Customer may not assign this Agreement, and any attempt to do so is void. Customer acknowledges that Customer's account is part of VisiStat and consequently Customer will receive periodic announcements and information regarding VisiStat's services. Customer may request to be removed from the news mailing list at any time.

VISISTAT.COM AND ALL RELATED CODE, MATERIALS, CONTENT AND BUSINESS MATERIALS ARE COPYRIGHT PROTECTED, AND ARE PROPRIETARY IN NATURE. NO PARTY, USER, SUBSCRIBER, CUSTOMER, VISITOR OR ANYONE OTHER THAN LEGALLY AUTHORIZED VISISTAT STAFF HAS THE RIGHT OR PERMISSION TO COPY, USE, CLONE, REVERSE ENGINEER, SHARE, DEVELOP OR IN ANY WAY UTILIZE VISISTAT CODE, CONTENT, IMAGES, GRAPHICS OR INFORMATION ON OR FROM VISISTAT.COM, VISISTAT, INC, AND/OR VISISTAT MATERIALS EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AS A USER/SUBSCRIBER. VIOLATORS WILL NOT BE TOLERATED AND LEGAL RIGHTS WILL BE ENFORCED.

PUBLICITY. VisiStat has permission and may include Customer's Website(s) domain name and logo on its customer lists, testimonials and press releases.

SPECIAL REMARKS AND PROVISIONS. The following types of Websites are NOT allowed to participate in the 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 VisiStat otherwise deems to be inappropriate.

Customer agrees not to change Service programming or codes.

Customer acknowledges and agrees that general information about Customer's Website (name, URL, traffic counts, etc.) may be utilized by VisiStat. Possible uses include but are not limited to lists of busiest sites, lists of customer sites, general promotional uses, etcetera.

QUESTIONS. If Customer has any questions about this Agreement or VisiStat's Service, contact VisiStat by e-mail at info@VisiStat.com. Questions and resulting answers after acceptance of this Agreement will not impact the terms and conditions of this Agreement.

PRIVACY POLICY

By visiting, browsing, viewing, and/or using the VisiStat.com Website, you are agreeing to accept and abide by these policies and all terms and conditions stated herein, on this page and all pages within this site. Therefore, please read the following Privacy Policy, Copyright and Trademark Notices completely.

The VisiStat system may collect general aggregate information that will not personally identify Customer. 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 Customer 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 Customer, such as Customer name, address, telephone number, billing and shipping information, credit card information, or e-mail address. Because we take Customer privacy seriously, we will not collect any personally identifiable information unless Customer voluntarily provide it. We will not share Customer 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 Customer consents 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.

VisiStat registration, affiliate, trial and subscription forms require users to give VisiStat 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 Customer information about our company, (ii) contact Customer when necessary and, (iii) set up Customer account and VisiStat tools.

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.

When signed up for our service, Customer will be asked to embed a piece of code into pages of his/her Websites. This allows VisiStat to track and report 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 Customer information, and will not be disseminated or shared with any outside parties without written permission from the Customer.

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.

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.

To fully protect Customer 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 Customer 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 Customer read and fully understand their privacy policies.

Copyright Notice

All information, documents, images and written content on this site are copyrighted materials. All editorial information and content, HTML, graphics, art, images, logos, photographs, videos, music, sounds and/or all other materials and content in whatever form (collectively known as "site content") on this site are protected by U.S. copyright laws and international treaties. Express written permission is required before any site content may be copied or used in any manner other than stated here.

Content in any form, i.e., images, text, audio, video or any media, is intended for personal, non-commercial use only. The use or re-use of any VisiStat content for any purpose other than non-commercial, personal use is strictly prohibited. Modification, publication, transmission or participation in transfer or sale, creation of derivative works, or any form of exploitation of any of this site content, in whole or in part, is unlawful. Content protected by copyright may not be uploaded, distributed, posted, or reproduced without obtaining written permission of VisiStat, Inc. or the applicable copyright owner.

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