BY USING THE SITE OR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT
By submitting Your information to Analyze through the Site or Services, You provide Your affirmative consent that Analyze and its associates may collect, use, and disclose any information submitted or collected through the Site or Services; that Analyze and its associates may contact You via any contact method You provide, including email; and that Analyze may disclose Your contact information to third-parties, and that such third-parties may contact You via email. We will communicate with You by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
When accessing the Site or using the Services, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Analyze or its content suppliers and is protected by international copyright laws. The compilation of all content on this Site is the exclusive property of Analyze, with copyright authorship by Analyze, and protected by copyright laws. You may not use any Analyze logo or other proprietary graphic or trademark without express written permission.
Except for the limited license expressly granted herein to use the Site and Services, Analyze expressly reserves all right, title and interest in and to the Site and Services and all processing, analytics, data and other software and technology used by Analyze in the provision of the Services, including, without limitation, any derivatives, improvements, enhancements or extensions of the Site and Services conceived, reduced to practice or otherwise developed by or on behalf of Analyze, all of which are valuable assets of Analyze, together with any copyright, patent or trademark or other intellectual property rights, or federal or state rights, pertaining thereto.
Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Analyze or by any third party. Analyze's trademarks and trade dress may not be used in connection with any product or service that is not Analyze’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Analyze or the Site or Services. You recognize and acknowledge the validity and ownership of the Analyze’s trademarks and trade dress in the United States and other countries. You agree not to contest the ownership of such marks.
YOUR USER ACCOUNT
In order to utilize the Services, You must register and create an account. In order to create an account, You must provide Analyze with complete and accurate information as prompted by the registration form, including an email address and password. If You use the Site and Services, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Any reference in these Terms to Your access or use of the Services is deemed to include access or use by affiliates and end users, and any act or omission of an affiliate or end user that does not comply with these Terms will be deemed a breach of these Terms by You. You will ensure that Your account and use of the Site and Services complies with all the provisions of these Terms and any applicable local, state, national and foreign laws. You agree to notify Analyze immediately of any unauthorized use of Your account or any other breach of security. If You create an account on behalf of an entity, these Terms bind both You and the entity.
LICENSE AND SITE ACCESS
You have sole responsibility for the accuracy and quality of any data submitted by You and Your affiliates to the Site or Services (“Your Data”) and for ensuring that Your collection and use of Your Data complies with all applicable laws. You hereby represent and warrant that the You will comply with all U.S. and foreign laws, rules, regulations, and industry standards and guidance applicable to Your use of the Site and Services, and use of any validated emails obtained through the Services, including, but not limited to, abiding by all applicable Federal Trade Commission, Federal Communications Commission, U.S. Food and Drug Administration, or analogous state rules or regulations relating to online advertising, business opportunities, dietary supplements, commercial electronic mail, telemarketing, endorsements, or health or medical claims. You further represent and warrant that You will comply with all applicable U.S. laws and regulations in the use and storage of the validated emails obtained through the Services, including but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. §§ 227 et seq. (“TCPA”), the Federal Trade Commission Act (“FTC Act”), all FTC rules, regulations, and guidelines, the Child Protection and Obscenity Enforcement Act, 18 U.S.C. §§ 2257 (“Section 2257”), the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101 et seq., and the CAN-SPAM Act of 2003, as amended, together with any similar state laws.
Analyze grants You a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Analyzemail.com. Any unauthorized use terminates the permission or license granted by Analyze. Subject to Your compliance with these Terms, and Your payment of all applicable fees, Analyze hereby grants You a limited, revocable, non-exclusive, non-transferable license to use the Services solely for Your own individual purposes. This license is automatically terminated if You violate any of these Terms.
Except as expressly set forth herein, You must not do, or permit others to do, any of the following:
Any violation of system or network security may subject You to civil and/or criminal liability. Analyze reserves the right, with or without notice, to terminate the account of any persons that violate these Terms, violate any party’s intellectual rights, misuse the Site or Services, or otherwise engage in inappropriate conduct, as determined by Analyze in its sole discretion.
Analyze may in its sole discretion offer the Services for free or on a reduced basis, in a limited form, through a special offer, or on an otherwise trial basis. With the exception of such special offers, as a condition of Your use of the Services, You must purchase a plan and/or otherwise prepay via the Site. The current pricing structure is set forth on the Site at Analyze Plans (or any other URL as specified by Analyze), as may be updated by Analyze. Analyze may change the fees for the Services at any time and from time to time, effective immediately upon Your receipt of notice of such fee change; provided, that, such fee changes will only be effective as to usage of the Services thereunder that occur after the effective date of the relevant fee change. Unless otherwise stated, all fees are stated in U.S. Dollars. All sales/prepayments for credits made to Analyze are final and non-refundable.
In addition to the fees, You shall also be responsible for all taxes assessed in connection with the Services, including any foreign, federal, state, or local taxes and charges assessed in connection with the Services, including, without limitation, all governmental excise, use, sales, value-added, and occupational taxes and other fees, or other similar surcharges and levies (including, without limitation, universal service fund charges or equivalents), but excluding any taxes based on a Party's net income ("Taxes"). You agree that You are solely responsible for collection and payment of any and all Taxes that You are required to pay to any taxing authority in connection with Your use of the Services, and You shall indemnify us for any losses, liabilities, costs, and expenses incurred as a result of a breach by You of this section.
By providing any credit card information, You represent that You are authorized to use the card and authorize Analyze to charge the card for any fees. By submitting payment information, You authorize Analyze to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by Analyze for purposes of acknowledging or completing any payment. All credit/charge card payments are subject to authorization by the card issuer. If Your payment is not authorized, we will cancel Your order (and notify You that we have done so). With the exception of special offers, access to the Services will only be made available to You once You have purchased a plan.
THIRD PARTY SERVICES AND SITES
Analyze may use or provide access to one or more third parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third parties is controlled by the terms and conditions imposed by those third parties. Any disputes arising from a third party's services must be resolved directly between You and the third party. Analyze disclaims all warranties or representations regarding any third party services.
Analyze cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data or other interruptions in the Site or Services. Analyze does not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any data or communications. Your use of third party offerings is at Your own risk and is subject to any additional terms, conditions, and policies applicable to such third party offerings.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ANALYZE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANALYZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES OFFERED THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ANALYZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANALYZE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ANALYZE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANALYZE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES; OR THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACKNOWLEDGE THAT AN INTERRUPTION IN THE SITE OR SERVICES DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF ANALYZE SHALL BE CONSIDERED A FORCE MAJEURE EVENT. FURTHER, ANALYZE DISCLAIMS ALL RESPONSIBILITY, WARRANTIES, AND LIABILITY FOR DELAY, INTERRUPTION, OR INEFFICIENCY ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR THAT OF ANY OTHER THIRD PARTY.
ANALYZE’S LIABILITY TO YOU IS LIMITED. IN NO EVENT SHALL ANALYZE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LAST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES). THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify Analyze for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless Analyze, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Site, Your violation of these Terms, or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity. Analyze will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
By visiting the Site, You agree that the laws of United States, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and Analyze or its associates. You hereby irrevocably consent to the exclusive jurisdiction of the courts of Dade County, Florida for all disputes arising out of or related to the use of the Site or Services.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Analyze may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or the Services; (c) discontinue the Site and/or Services at any time; and (d) change, suspend, or discontinue any features, components, or functions of the Site and Services at any time. Analyze shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revision.
BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
To contact Analyze with any inquiries or complaints, including anything regarding our Terms, click on the "Contact Us" link on the bottom of the site or send an email to [email protected].