AskAnalyzer

GENERAL TERMS AND CONDITIONS FOR USE OF AskAnalyzer

Effective September 1, 2007

Updated October 27, 2008

TERMS OF USE

Welcome to the Web Site www.askanalyzer.com (“AskAnalyzer” or “the Site”) operated by AskAnalyzer. This site is maintained as a service to its visitors. These Terms of Use ("Terms") are made by and between AskAnalyzer and you ("you," "your" or "User"). These Terms contain the terms and conditions that govern your use of this Web Site. By using this Web Site, you agree to comply with and be bound by the following terms of use. Please review the Terms carefully. If you do not agree to these Terms, you have no right to receive information from AskAnalyzer, engage in commerce through, or otherwise use this site. Failure to use this site in accordance with the following Terms may subject you to severe civil and criminal penalties.

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BY SELECTING THE "I understand and agree to the Terms of Use at AskAnalyzer.com" BOX DURING ACCOUNT CREATION, OR BY ACCESSING, VISITING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER AskAnalyzer SOFTWARE, SERVICES, WEBSITES OR ANY OF THE AskAnalyzer'S SERVICES OR SOFTWARE (COLLECTIVELY, "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. AskAnalyzer RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS AT AskAnalyzer'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE MOST CURRENT VERSION OF THESE TERMS, WHICH SUPERSEDES ALL PRIOR VERSIONS, IS AVAILABLE AT THE WWW.ASKANALYZER.COM WEBSITE.

ACCESS TO THIS SITE:

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If AskAnalyzer believes the information you provide is not correct, current, or complete, AskAnalyzer has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

PROTECTION OF DATA:

AskAnalyzer reserves the right to monitor your use of the www.askanalyzer.com site and AskAnalyzer  to ensure compliance with the terms hereof and to collect statistical information.

AskAnalyzer is not responsible for any information stored by you in the product and the Site and AskAnalyzer will be held harmless for any loss or corruption of data in the event of adverse systems impacts. You agree that any data you store will be stored at your own risk, and the Site and AskAnalyzer will be held harmless should a breach in data storage occur.

RESTRICTIONS ON USE:

You may use this site for purposes expressly permitted by this site. As a condition of your use of the Site, you warrant to AskAnalyzer that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written consent of a AskAnalyzer authorized representative. For purposes of these Terms, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with AskAnalyzer in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provide for through the website.

FEES AND PAYMENTS:

You agree to pay fees to access AskAnalyzer (through www.askanalyzer.com) and any other charges (if any) incurred in connection with your access to www.askanalyzer.com. Unless we state in writing otherwise, all fees and charges are non refundable. We may change the fees and charges in effect, or add new fees or charges any time without any advance notification. You are responsible for any fees or charges incurred to access www.askanalyzer.com through an Internet access provider or other third-party service. If you believe someone has accessed www.askanalyzer.com using your user name and credit card to pay fees associated with accessing www.askanalyzer.com and without your authorization, you must contact us immediately by sending email to support@askanalyzer.com and follow the procedures outlined in our reply. AskAnalyzer uses a third party to process your credit card information. YOU ACKNOWLEDGE AND AGREE THAT AskAnalyzer IS NOT LIABLE UNDER ANY CIRCUMSTANCES AND WITHOUT ANY LIMITATIONS FOR AN UNAUTHORISED USE OF YOUR CREDIT CARD BY ANY INDIVIDUAL AND/OR ANY TYPE OF POSSIBLE FRAUDS RELATED TO THE USAGE OF YOUR PERSONAL AND CREDIT CARD INFORMATION. You acknowledge and agree that in a case of lawsuit you are responsible for any direct, consequential and punitive damages as well as both parties’ expenses, including but not limited to legal costs, attorneys' fees, court costs, and collection agency fees.

PERSONAL AND NON-COMMERCIAL USE LIMITATION:

AskAnalyzer grants you a limited license to access and make personal and non-commercial use of this website, on a single computer or Internet terminal device that is under your control, unless otherwise specified. You acknowledge and agree that you shall use the Site and its contents solely for your internal data processing purposes. You may not use this site for any other purpose, including any commercial purpose, without AskAnalyzer's express prior written consent. Without limiting the generality of the foregoing restrictions on use, an "independent prospect researcher" (as such term is generally used in the prospect research industry) may use AskAnalyzer's website in the preparation of prospect profiles of identified persons which is conducted by the independent prospect researcher pursuant to an agreement with a nonprofit organization. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to AskAnalyzer's website. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another customer; any use of data mining, spiders, robots, or similar data gathering and extraction tools; or any decompilation or reverse engineering of this site or its contents. AskAnalyzer reserves the right to monitor your use of AskAnalyzer's website to ensure your compliance with these Terms.

SINGLE USER LICENSE GRANT:

AskAnalyzer grants a Trial Account Holder or a Subscription Account holder ("Customer"), that has been approved and given access to AskAnalyzer software ("Software") by AskAnalyzer, a single user, nonexclusive and nontransferable license to use the Software. This license does not allow resale or sharing of accounts. Each Customer account is for a single user only.

MULTIPLE-USERS LICENSE GRANT:

In the event that AskAnalyzer grants a Subscription Account holder ("Customer"), that has been approved and given access to AskAnalyzer software ("Software") by AskAnalyzer, a multiple-user license, each user under agreement will be provided single user access and will each be bound by "SINGLE USER LICENCE GRANT" and will have a nonexclusive and nontransferable license to use the Software. This license does not allow resale or sharing of accounts. Each Customer account is for approved single users only.

PROPRIETARY INFORMATION:

The material and content accessible from this site, its collection, arrangement and assembly (the "Content") are the exclusive property, and proprietary information, of AskAnalyzer or the party that provided or licensed the Content to AskAnalyzer, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of AskAnalyzer, except that you may print out a copy of the Content solely for your personal use or other use as authorized by these Terms. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates AskAnalyzer's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

NOTICE OF INFRINGEMENT:

You shall promptly advise AskAnalyzer of any possible infringement of any AskAnalyzer Marks, copyrights, trade secrets, or other intellectual property rights, or any use of AskAnalyzer Site in violation of this Terms of Use.

COPYRIGHT:

You acknowledge that the www.askanalyzer.com site (“Site”) and AskAnalyzer including graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property available at the Site are the property of AskAnalyzer or of its advertisers and information providers and are protected by copyright law. You agree not to incorporate such protected intellectual property in any documents, web sites; reprint, assembly, disassembly, distribute, or retransmit, sell, publish, or otherwise provide access to AskAnalyzer except for your internal use. You acknowledge that it is strictly prohibited to reverse-engineer, or decompile any computer software component of the Site, or use, copy, distribute, modify, download or otherwise extract AskAnalyzer or any portion thereof by means of electronic agents, computer programs, screen scraping technologies, or any other method. You agree not to create abstracts from, scrape or display headlines from our AskAnalyzer for use on another web site or service. You agree not to post AskAnalyzer or portion thereof to web blogs, newsgroups, mail lists or electronic bulletin boards. You may occasionally distribute a copy of AskAnalyzer, or a portion of it to a few individuals without charge, provided you include all copyright and other proprietary rights and AskAnalyzer original source attribution, and the phrase "Used with permission from AskAnalyzer". Only one individual may access the Site using the same user name and email address. You may occasionally email AskAnalyzer output to a few individuals, without charge. You are not permitted to use the Site and AskAnalyzer for the purpose of regularly providing other users with access to its content from. Except as specifically set forth herein, you may not use the Site and AskAnalyzer in any fashion that infringes AskAnalyzer’s copyright or proprietary interests therein. We reserve the right to terminate or restrict your access to the Site and AskAnalyzer if, in our opinion, your use of the Site and AskAnalyzer may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. AskAnalyzer reserves the right terminate your access to the Site and AskAnalyzer at any time without any explanation and for any reason.

PERFORMANCE STANDARDS:

YOU AGREE THAT DUE TO THE INHERENT UNRELIABILITY OF THE INTERNET, COMPUTERS, AND OTHER TCP/IP-ENABLED NETWORK CONNECTIONS PROVIDED BY INTERNET SERVICE PROVIDERS, AskAnalyzer, ITS AFFILIATES, AND INFORMATION PROVIDERS SHALL HAVE NO LIABILITY TO USERS OR ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGES RELATING TO REDUCED PERFORMANCE, ACCURACY, LOSS OF DATA, LOSS OF STORED DATA, INTERRUPTION, AVAILABILITY OR TERMINATION OF THE AskAnalyzer SERVICES. YOU AGREE TO HOLD AskAnalyzer, ITS AFFILIATES, AND INFORMATION PROVIDERS HARMLESS FROM AND AGAINST SUCH LOSS, EXPENSE, OR DAMAGES BASED UPON ANY THIRD PARTY CLAIMS.

HYPERLINKS:

This site may be hyperlinked to other sites which are not maintained by, or related to, AskAnalyzer. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or AskAnalyzer. AskAnalyzer does not continuously monitor or review any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user's own risk, and AskAnalyzer makes no representation or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. AskAnalyzer provides hyperlinks as a convenience, and the inclusion of any hyperlinks to a third party site does not necessarily imply endorsement by AskAnalyzer of that site or any association with its operators.

SUBMISSIONS:

Any information, materials, suggestions, ideas, comments or other information communication to AskAnalyzer through this site (the "Submission") will not be treated as confidential, proprietary or trade secret information. Through your Submission, you hereby grant to AskAnalyzer the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Submission, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. AskAnalyzer will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future AskAnalyzer operations. AskAnalyzer will treat any personal information that you submit through this site in accordance with its Privacy Policy, which can be accessed by clicking on the "Privacy" hyperlink on AskAnalyzer's website.

DISCLAIMER:

You understand that AskAnalyzer cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. AskAnalyzer does not assume any responsibility or risk for your use of the Internet nor the storage of data within the Site, AskAnalyzer.com. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AskAnalyzer DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. AskAnalyzer DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AskAnalyzer DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AskAnalyzer MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT AskAnalyzer, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. AskAnalyzer MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and AskAnalyzer does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

LIMITATION OF LIABILITY:

AskAnalyzer, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF AskAnalyzer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AskAnalyzer AND THE PARTIES REFERENCED ABOVE TO ANY PART (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO AskAnalyzer FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

TERMINATION OR RESTRICTION OF ACCESS:

AskAnalyzer reserves the right, in its sole discretion, to terminate your access to any or all of AskAnalyzer's websites and the related services or any portion thereof at any time, without notice.

INDEMNITY:

You will indemnify and hold AskAnalyzer, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agent, officers and directors (the "Indemnified Parties") harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

TRADEMARKS AND COPYRIGHTS:

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of AskAnalyzer or the party that provided the trademarks, service marks, logos and copyrighted works to AskAnalyzer. AskAnalyzer and any such providing party retain all rights with respect to any of their respective trademarks, service marks, logos and copyrighted works appearing in this site. All content of AskAnalyzer's websites are: Copyright (c) 2007-08 AskAnalyzer, 1 Harvest Lane, Halifax, MA, 02338. All rights reserved. Notification of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

SECURITY:

Any passwords used for this site are for your individual use only. You will be responsible for the security of your password. AskAnalyzer will be entitled to monitor your password, and at its discretion, require you to change it. If you use a password that AskAnalyzer considers insecure, AskAnalyzer will be entitled to require the password to be changed and/or terminate your account. AskAnalyzer reserves the right to fully cooperate with any law enforcement agencies or court order requesting or directing AskAnalyzer to disclose the identity of anyone making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS AskAnalyzer FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AskAnalyzer DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AskAnalyzer OR LAW ENFORCEMENT AGENCIES.

MISCELLANEOUS:

These Terms will be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, without giving effect to any principles of conflicts of law. You specifically consent to personal jurisdiction in Massachusetts in connection with any dispute between you and AskAnalyzer arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms will be in Massachusetts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AskAnalyzer as a result of these Terms or use of AskAnalyzer's website. These Terms constitute the entire agreement among the parties relating to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, with respect to AskAnalyzer's website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

AskAnalyzer may revise these Terms at any time by updating this posting.