Terms of Service
Thank you for using SiteSeer’s products and services (“the Services”). The following Terms of Service (“Terms”) govern all use of the Services. These Terms are a legal contract (“Agreement”) between the person with an individual user ID and password (the “User”) who accesses or uses the Services (the “Service”), the Company, Entity, or Person contractually subscribed to the Services (“Subscriber”), SiteSeer Technologies (“SiteSeer”) and its suppliers.
2. Services Included
The Services pertain to the access and usage of the online services and programs offered by SiteSeer through its online software as a service (SaaS), SiteSeer Professional. The Services in no way constitute a sale of any service, program or intellectual property, which are owned exclusively and in total, by SiteSeer and its affiliates. User rights are specified in the following paragraphs of this agreement, and SiteSeer retains all rights not express granted to the Licensee. Nothing in this Agreement constitutes a waiver of SiteSeer’s rights under U.S. or international copyright law or any federal or state law.
Any third-party software, including any browser plug-in that may be provided with the service is provided for use at your option. Neither SiteSeer nor such third party shall be responsible for any losses or damages which may occur resulting from the use of any third-party software. The Terms herein apply to the Services inclusive of transactional reporting users such as those provided through Voidanalysis.com, one-time users and users participating in a free trial or evaluation of the Service.
In consideration of the subscription fees paid, SiteSeer hereby grants the user a limited, non-exclusive, non-transferable subscription to use the Services and its Outputs during the subscription period agreed to in the Statement of Work. Outputs include any data, report, map, chart, summary, analysis or any other item that is generated by the user from the Services. Access to the Services is granted to the user and no other person is entitled to access or use the Service with the User’s ID and password. Additional Users may be added at an additional cost and at the authorization of the subscriber. Under no circumstance may the subscriber allow a greater number of Users to access the Service than the total number of Users for which the subscriber has paid. The Service may be used so long as such business purposes do not include generation of revenue from the sales of the output created by the subscriber using the Service. Fees paid for the Service are not refundable in whole or part.
SiteSeer retains all ownership rights to the Service inclusive of all underlying computer code, all applications as delivered by SiteSeer, the interaction of applications with underlying data and data engines, specifications, methodologies, parameters and all other information relating to the application delivered within the Service. User shall not use the Service in any way to develop or assist others in developing a product or service, regardless of whether such system, product or service competes directly or indirectly with SiteSeer or not. Neither Subscriber or User nor its employees, contractors, or agents shall share any information of any nature about the Services with any other person or entity, including without limiting the generality of the statement, vendors, contractors, partners, or others.
User is not permitted to “resell” the Support Materials, in whole or part, without the express written consent of and appropriate compensation to SiteSeer and any source providers. For purposes of this User, the term “resell” shall mean to sell, disperse or distribute. Such actions include the application, any underlying data, model or algorithm, or any output thereof, including information generated from the application either as a data report or electronic file to any party other than the Subscriber, its employees, agents, or contractors, whether such transaction generates revenue or income for subscriber or not. Output from the Service may be used by the User for its business purposes including use in its own research and marketing efforts in support of sales of its own services or products, including provision of the Output to potential third party purchasers of the user’s own products and services so long as such third parties agree not to resell (as defined in the prior statement), license or otherwise disclose any of the Output in any form and agree to use to use the Output only for the purposes of evaluating its decision to purchase SiteSeer’s Services.
Alternative subscription options are available for our channel partners who may wish to engage as a formal “reseller” of the Service. Please contact email@example.com or call 866.524-2804 for more information.
5. Additional Limitations and Restrictions
Unless otherwise expressly permitted herein you may not:
a. reverse engineer, decompile, deconstruct or otherwise decode any portion of the output;
b. make derivative works including, but limited to translations, adaptations, arrangements or any other alteration (each which would become the property of SiteSeer and/or its Third Party Licensors as application) of the Outputs
c. sell, rent, lease, lend access to the Service
d. sell, rent, lease, lend or otherwise license Outputs for revenue
e. allow another person or entity to use the user ID and Password
f. place any Output on the internet or any similar external network or network service or enter into any reseller, distribution, or third-party arrangements for distribution of Output such as, but not limited to electronic, online, subscription, “fee for service” or general, uncontrolled availability to the public without an explicit prior written agreement with SiteSeer.
6. User ID and Password
Each User is assigned an individual user identification and password which will grant access to the system and the Services provided to the User. The Service will automatically transmit a password which will be provided during the first log in to the Services to verify the identity of the user. It is the responsibility of the user to safeguard and protect this information. In the event it is discovered that the user identification and password are being used by another individual, SiteSeer, at its sole discretion, may terminate the Services without refund or bill the user for an additional user license. Please be advised that SiteSeer routinely tracks and sources IP addresses and the Services may be suspended if user is accessing the Services in a way that is potentially in violation of the Terms. Suspension of service does not entitle User or Subscriber to a refund on the Services in whole or part.
5. Limitations of Liability
The Services are provided “as is” except as may otherwise be expressly set forth herein. To the maximum extent permitted by applicable law, SiteSeer and its Licensors further disclaim all warranties; including without limitation any implied warranties of merchantability, fitness for a particular purpose and noninfringement. The entire risk arising out of the use or performance of the Services remains with the user. To the maximum extent permitted by applicable law, in no event shall SiteSeer, Users or its suppliers be liable for any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss arising out of this Agreement, or the use of or inability to use the service, even if SiteSeer or such users has been advised of the possibility of such damages.
SiteSeer exercises its best efforts to provide the Services to its Users when and where they choose and provides reasonable, commercially accepted practices with respect to safeguarding data provided by its Users. Due to the inherent nature of the internet, SiteSeer does not guarantee uninterrupted or error free service and does not guarantee that you will be able to access the Services at the time or location of their choosing or that SiteSeer will have adequate capacity for the Services as a whole or in a specific geographic area. Access may be limited such as may occur during peak times. SiteSeer cannot be held responsible for unauthorized entry by third parties to its websites or the misappropriation and dissemination of client information on SiteSeer’ systems by such parties.
6. Term and Payment of Services
Subscribers agree to pay for all Services per the agreed upon terms in the Statement of Work, except for on demand or transaction-based Services (“Transaction user”), such as those offered through VoidAnalysis.com. Transaction users represent and warrant that they are authorized to make the purchase. All Transaction users affirm that they are providing a valid credit card number and that they are the authorized user of the credit card offered for payment and agree to pay all charges resulting from the Services. The Transaction User is responsible for providing a valid credit card number at the time the Services are is initiated. SiteSeer, may, at its sole discretion, modify the payment terms for a Transaction user. The Services may be terminated immediately if the Services paid for by credit card do not clear or if fraudulent or inappropriate use of credit cards is discovered on part of the Transaction User.
8. Governing Law
Any dispute, disagreement, controversy or claim arising from these Terms of Service or any breach thereof, including, without limitation, any claim that this Agreement, or any portion of it, is invalid, illegal or otherwise voidable, shall be submitted first to mediation and if not resolved then to binding arbitration before and in accordance with the commercial arbitration rules of the American Arbitration Association. The situs of any mediation or arbitration proceeding shall be in Boise, Idaho and Idaho law shall govern the dispute.
9. General Provision
SiteSeer may not assign this Agreement or any of its rights or obligations under this Agreement in whole or in part, and any attempted or purported assignment by SiteSeer shall be null and void. If any provision of this Agreement shall be declared invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the remainder of this agreement, and that provision shall be deemed to be amended in accordance with applicable law in the manner that most closely reflects the original intentions of the parties.
The User acknowledges that he or she has read the Terms of Service in full and agrees to be bound by its terms and conditions. The user also agrees that no oral or written information or advice given by SiteSeer, its dealers, distributors, resellers, agents or employees shall in any way alter the Terms of Service. The User acknowledges that the Terms of Service may be updated and revised from time to time and it is the User’s responsibility to periodically check this document for updates.
Last updated August 1, 2017.