EmbeddedAnalytics.com Website Terms of Use

This Terms of Use Agreement (this "Agreement") describes the terms and conditions on which EmbeddedAnalytics offers you access to the website located at www.EmbeddedAnalytics.com ("EmbeddedAnalytics Site"), and to the reports embedded on third party websites. You should read these terms carefully, since they apply to you if you decide to access the EmbeddedAnalytics Site, whether as a registered user ("Registered User") or as a non-registered user just browsing the EmbeddedAnalytics Site ("EmbeddedAnalytics Visitor") and using our Google Analytics integrated demo. These terms are important and we have done our best to make them readable.

BY COMPLETING THE REGISTRATION PROCESS OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE EMBEDDEDANALYTICS SITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY.

EMBEDDEDANAYTICS MAY MODIFY THIS AGREEMENT FROM TIME TO TIME. FOR EMBEDDEDANALYTICS VISITORS, THIS AGREEMENT APPLIES ONLY TO YOUR CURRENT VISIT AND THE FRUITS THEREOF - PLEASE CHECK THIS AGREEMENT AGAIN ON YOUR NEXT VISIT FOR ANY RECENT MATERIAL CHANGES, WHICH WILL BE HIGHLIGHTED. REGISTERED USERS WILL RECEIVE EMAIL NOTICE OF ANY MATERIAL CHANGES AND CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE.

Description of Services

We make available to you on the EmbeddedAnalytics Site a wide variety of resources, including, but not limited to, software applications ("Software"), reports and graphs integrating with your Google Analytics account data, as well as additional information, content and tools that we hope may be of interest to you. The Reports and such additional information, content and tools will be collectively referred to in this Agreement as "EmbeddedAnalytics Content". Unless explicitly stated otherwise, any new features or functionalities made available on the EmbeddedAnalytics Site are subject to this Agreement.

Registration

If you want to access or use certain information, content, or tools on the EmbeddedAnalytics Site you may be required to register for a EmbeddedAnalytics account. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date at all times. Please do not choose as a login name an email address that is indecent or offensive, or otherwise violates this Agreement or any applicable laws or regulations.

You are responsible for safeguarding the password that you use to access the EmbeddedAnalytics Site and you agree not to disclose it to any third party. You hereby take responsibility for all actions taken under your account by you or any third parties. You will notify EmbeddedAnalytics immediately of any unauthorized use of your account.

Google Analytics Integrated Reports

EmbeddedAnalytics hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to use the service to construct reports against your Google Analytics data and to embed these reports into websites owned by you. Except as expressly provided under this Section, you will not use, copy, or distribute the Reports, any information in the Reports, or any content on the EmbeddedAnalytics Site.

What you must NOT do.

You agree to use the EmbeddedAnalytics Site and the Services only in accordance with the terms and conditions of this Agreement, as well as any and all applicable laws and regulations. While using the Services you will not ( i ) engage in any illegal acts or acts which are offensive to others, or (ii) violate any personal or property rights of any third party, including, but not limited to, intellectual property rights. Furthermore, you will not:

  • Copy, modify, adapt, translate, or otherwise create derivative works of the Services or the Software, or (except as explicitly permitted herein) the EmbeddedAnalytics Content;
  • Reverse engineer, de-compile, disassemble, or otherwise attempt to discover any Google Anlaytics integration systems used by EmbeddedAnalytics;
  • Rent, lease, sell, assign, or otherwise transfer rights in or to the Services or the Software;
  • Post, transmit, or introduce any device, software, or routine that interferes or attempts to interfere with the operation of the Services or the Software.
  • Circumvent, disable, or otherwise interfere with security-related features of Services or the Software, or features that prevent or restrict use or copying of any EmbeddedAnalytics Content;
  • Upload, stream, email, or otherwise transmit ( i ) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid" or similar schemes, or any other form of solicitation or (ii) any viruses or other computer code that could interrupt, destroy, or limit the functionality of the Services or the Software, infect or damage another user's computer, or interfere with the access of any other user to the Services or the Software;
  • Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the EmbeddedAnalytics Site and any EmbeddedAnalytics Content;
  • Represent that EmbeddedAnalytics endorses or supports your site or content, except through use of the embeddedanlaytics trackback under the free account;
  • Obtain any information or materials relating to the Services or the EmbeddedAnalytics Site or through any means not intentionally made available by EmbeddedAnalytics to you, or attempt to gain unauthorized access to the Services or the EmbeddedAnalytics Site, or any technology, computer systems, or networks associated with the Services or the EmbeddedAnalytics Site, or attempt to index, search, or crawl the Services or the EmbeddedAnalytics Site with any automated process or other similar mechanism.

EmbeddedAnalytics may terminate or suspend your EmbeddedAnalytics account and your access at any time without notice including without limitation in response to a suspected violation of any of the foregoing prohibitions.

User Generated Reports.

EmbeddedAnalytics enables you to create user configurable reports against authorized Google Analytics accounts. You are solely responsible for any reports generated by you. EmbeddedAnalytics does not monitor or verify in any way the content of any websites embedding reports into their content. EmbeddedAnalytics is not responsible for the accuracy of such content or for any of the opinions expressed thereon. Inclusion of any linked website on the EmbeddedAnalytics Site does not imply approval or endorsement of the linked website by EmbeddedAnalytics. When you access these third-party sites, you do so at your own risk.

Provided that You comply with this Agreement, EmbeddedAnalytics grants You a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to link on Your website one or more graphical links to EmbeddedAnalytics.com. All links must be direct links (e.g. no interstitials or redirects) and the links may not contain any trojan horses, worms, time bombs, viruses or other harmful, malicious, or data gathering or data mining programming routines. All links shall be in one of the formats provided by EmbeddedAnalytics. EmbeddedAnalytics reserves the rights to amend the link format from time to time. In such event EmbeddedAnalytics will notify You at least 30 days to said amendment. You agree that You shall not use the Service or Materials in connection with any website that, in EmbeddedAnalytics's sole determination, is designed to mislead others, or that contains or promotes any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or that link to any website(s) that do so, that engages in spamming, phishing, indiscriminate advertising or unsolicited commercial e-mail, or that engages in cybersquatting or typosquatting. You may use the Service for lawful purposes only. You may not use the Service in any way that would (i) violate or infringe in any way upon the rights of others; (ii) give rise to civil liability; or (iii) otherwise violate any applicable law, statute, ordinance, or regulation. Indemnity

You agree to defend (if EmbeddedAnalytics so requests), indemnify, and hold EmbeddedAnalytics, its subsidiaries, and affiliates, and their respective directors, officers, shareholders, and employees, harmless from any expenses, costs, judgments, damages, loss, liability, claim, or demand (including but not limited to any reasonable attorneys' fees) made by any third party arising out of any breach by you (or a user of your account) of any terms or conditions of this Agreement.

Support You understand and acknowledge that Your use of the Service is at Your own risk and that EmbeddedAnalytics's support is limited to email correspondence. EmbeddedAnlaytics periodically makes changes to the web-server software. In certain cirumstances this may unexpectedly render some of your reports/graphics differently. In said circumstances EmbeddedAnlaytics will do everything possible to ensure backwards compatability. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EMBEDDEDANALYTICS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EMBEDDEDANALYTICS MAKES NO WARRANTY THAT THE SERVICES, THE EMBEDDEDANALYTICS SITE, OR THE EMBEDDEDANALYTICS CONTENT WILL (1) MEET YOUR REQUIREMENTS, (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR (3) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. EMBEDDEDANALYTICS IS UNDER NO OBLIGATION TO KEEP THE SITE UP AND RUNNING FOR ANY PERIOD OF TIME. EMBEDDEDANALYTICS MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, THE EMBEDDEDANALYTICS SITE, OR THE EMBEDDEDANALYTICS CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE EMBEDDEDANALYTICS SITE, OR THE EMBEDDEDANALYTICS CONTENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EMBEDDEDANALYTICS OR THROUGH THE SERVICES, THE EMBEDDEDANALYTICS SITE, OR THE EMBEDDEDANALYTICS CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. UNDER NO CIRCUMSTANCES WILL EMBEDDEDANALYTICS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, OR LATENCY OR PROCESSING DELAY RESULTING FROM THE USE OF THE SERVICES, THE EMBEDDEDANALYTICS SITE, OR THE EMBEDDEDANALYTICS CONTENT OR FROM THE CONDUCT OF YOU OR ANY USER OF THE SERVICES, WHETHER OFFLINE OR ONLINE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED A BASIS FOR ENABLING EMBEDDEDANALYTICS TO OFFER THE SERVICES TO YOU WITHOUT CHARGE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

Suspension and Termination

Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while you use the Services. You may terminate this Agreement at any time by contacting us with your complete account information and explicit request to terminate, which emails are handled at EmbeddedAnalytics's convenience. If You wish to terminate this Agreement, You may simply cease using the Service. In such a case, You must delete any graphics/reports result information that You may have obtained from the Service and remove any links to EmbeddedAnalytics.com from Your site. EmbeddedAnalytics may terminate this Agreement at any time, with or without cause. In such case, You must delete any mapping or routing result information that You may have obtained from the Service and remove any links to EmbeddedAnalytics.com from Your site.

Modification of the EmbeddedAnalytics Site and Services

EmbeddedAnalytics reserves the right, in its sole discretion, to modify or discontinue the EmbeddedAnalytics Site and Services without notice.

Limitation of Liability

IN NO EVENT WILL EMBEDDEDANALYTICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF EMBEDDEDANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING EMBEDDEDANALYTICS TO OFFER THE SERVICES TO YOU WITHOUT CHARGE. THIS PARAGRAPH WILL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EMBEDDEDANALYTICS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

Miscellaneous

This Agreement constitutes the entire Agreement between the parties with respect to the use of the Services and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between EmbeddedAnalytics and you (except for any EmbeddedAnalytics Publisher Program - Terms of Service Agreement or EmbeddedAnalytics Marketer - Terms of Service Agreement to which you may be a party). Any waiver by EmbeddedAnalytics of any violation of any provision of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you and EmbeddedAnalytics agree that the remainder of the Agreement will be fully enforceable as if the unenforceable part or provision never existed. You and EmbeddedAnalytics agree that there are no third party beneficiaries of any promises, obligations or representations made by EmbeddedAnalytics. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. EmbeddedAnalytics may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. Nothing in this Agreement will constitute a partnership or joint venture between you and EmbeddedAnalytics.