By accessing or using Analytics Assistant (this Skill) you explicitly agree to comply with, and be bound by, the following terms and conditions (the “Terms and Conditions”). Adept Marketing Outsourced, Llc. its subsidiaries and affiliates (collectively, “Adept Marketing”) may change or modify these Terms and Conditions at any time without notice to you. It is your responsibility to periodically review these Terms and Conditions for updates or changes. By using this website from time to time, it is presumed that you have read through these Terms and Conditions and failure to do so shall be a complete bar on any and all claims in law or equity that you bring against Adept Marketing for any reason whatsoever. Your acceptance of these Terms and Conditions is an electronically binding agreement upon you. If you do not accept these Terms and Conditions, please do not register for or use the Services offered by and through this Skill. If you are an agency using the Services on behalf of a client(s), by agreeing to these Terms and Conditions you are representing and warranting that you have the right and authority to use your client’s information and the Services available in this Skill.
Adept Marketing provides you with access to this Skill and the services available on it. Access to and use of the Services shall be governed at all times by these Terms and Conditions.
Adept Marketing does not guarantee the price, terms, product, availability or services offered or provided by any third party. Adept Marketing is not legally responsible for, and does not warrant, represent or guarantee any goods, services, information or otherwise provided by third parties. If you should have a dispute with a third party, Adept Marketing is in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.
Adept Marketing expressly reserves the right to modify or discontinue the Skill or any portion thereof, the offering of any information, goods, contents, products, services or otherwise with or without notice. Adept Marketing shall not be liable to you or any third party should Adept Marketing exercise its express right to modify or discontinue the Skill or any portion thereof.
You acknowledge and agree that Adept Marketing has the right at any time and in such frequency as it determines to suspend, or discontinue the Skill, in whole or part, with or without notice to you. You further acknowledge and agree that Adept Marketing shall not be liable to you or any third party for any such suspension, discontinuance, or termination of the Services for any reason.
Under some circumstances, Adept Marketing reserves the right to terminate your access to the Skill, in whole or in part, immediately and without notice to you. Reasons for such a termination include, without limitation, (i) a breach or breaches of the Terms and Conditions or other agreements and/or guidelines incorporated herein by reference, (ii) engagement by you in conduct that is deemed by Adept Marketing, in its sole and exclusive judgment, to be fraudulent or constituting an illegal act, (iii) a request made by you (self-selected termination); (iv) suspension, discontinuance, or material modification of the Skill or a portion thereof; (v) unanticipated technical or security problems or issues; and (vii) violation of any agreement entered into in connection with your use of the Services. Any termination by Adept Marketing of your account and/or access to the Skill will include, without limitation (i) removal of access to any and all offerings comprising the Skill, (ii) a prohibition against your ability to use the Skill at any time in the future. You acknowledge and agree that any termination for cause is in Adept Marketing’s sole and exclusive discretion and that any termination of your access to the Skill and/or your account shall not cause Adept Marketing to be liable to you or any third party for any reason.
By using the Skill, in whole or in part, you acknowledge and agree that the Services, any software necessarily used in connection therewith (collectively, the “Software”) and any information or Content (defined herein) derived from any such usage constitutes confidential and proprietary information of Adept Marketing that is protected by applicable intellectual property and other laws. You also acknowledge and agree that Content provided or made available to you by other third parties using the Services may be protected by trademarks, service marks, copyrights, patent rights or other proprietary rights and laws. Accordingly, you acknowledge and agree that you will not, unless expressly authorized in writing by Adept Marketing or the relevant third party provider of Content, as applicable, rent, sell, loan, lease, modify, distribute, reverse engineer, or create derivative works based on the Services, the Software, or the Content, either in part or in their entirety. `pt Marketing hereby grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software for purposes of using the Services for the purposes set forth herein, as and if applicable, provided (i) you do not copy, modify, reverse engineer, reverse assemble, create a derivative work from, or otherwise attempt, in any way, to discover any source code, sell, assign, sublicense, or otherwise transfer in any way rights in the Software, or allow any third party to do any of the foregoing, and/or (ii) your right to use the Services for which the Software has been made available to you has not been suspended or terminated by Adept Marketing, for any reason, in whole or in part. You agree not to modify the Software in any manner or form, or use any modified versions of the Software, for any purpose, including without limitation, unauthorized access to the Services.
In no event shall adept marketing, its officers, directors, agents, managers, affiliates or employees be liable for any indirect, special, actual, consequential, nominal or punitive damages or losses of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in law or any damages capable of remedy at equity arising out of or in any way connected with the use of the site, materials or services or information provided by third parties.
Notwithstanding anything to the contrary set forth in this section, in the event a subsequent agreement entered into in connection with your use of the services provides for terms with respect to limitation of liability that is contradicted by this section, the terms with respect to limitation of liability set forth in such subsequent agreement will control and supersede this section with respect to such particular services.
Further notwithstanding the foregoing, some of the foregoing exclusions of certain warranties and/or the limitation and/or exclusion of warranties may not apply to you, as some jurisdictions do not allow it.
You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless Adept Marketing and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Services, your connection to the Services, your violations of the Terms and Conditions, any Content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another.
This site, the materials and the services are provided on an “as is” basis without warranty of any kind, whether express or implied. you expressly agree that use of this site, the materials and/or the services or otherwise is at your sole risk. adept marketing expressly disclaims any and all warranties, express and implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement as to any materials, information or otherwise on the site. adept marketing does not represent or warrant that the information, materials or otherwise on the site are accurate, complete, reliable, current or error-free. adept marketing is not responsible for typographical errors or omissions relating to photography, text or otherwise.
Adept marketing and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries are not responsible for and you are solely and exclusively responsible for any damage to your computer, any loss of data and any other negative consequences that may be caused by your use of the services and any materials accessed, via download or otherwise, from the services.
Any materials, including without limitation information, records, reports, and research, accessed, via download or otherwise, through the services are accessed at your sole and exclusive risk and discretion.
Adept marketing and its officers, employees, agents, affiliates, partners, licensors, parents, and subsidiaries make no warranty, express or implied, that (i) the services, including without limitation materials provided to you through the services (e.g., information, records, reports and research) will be error-free, accurate, timely, secure, reliable or uninterrupted, free from viruses, bugs, defects or deficiencies (ii) the services will meet your requirements and (iii) any errors in the services and/or the software will be corrected. notwithstanding anything to the contrary set forth in this section, in the event a subsequent agreement entered into in connection with your use of the services provides for warranties contradicted by this section, the warranties set forth in such subsequent agreement will control and supersede this subsection with respect to such particular services.
No information, advice, or instruction, regardless of form of communication, provided to you from adept marketing, whether through use of the services or from adept marketing’s officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries, will create any warranty other than those expressly set forth in these terms and conditions.
These Terms and Conditions shall be governed by the laws of the State of Ohio without regard to conflicts of law. Adept Marketing’s failure to exercise or enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of any future right or provision. If any provision or right contained in these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such provision or right shall be severed from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to be binding upon you to the maximum extent allowed by law.
Any and all claims or controversies arising out of or related to these Terms and Conditions will be settled in binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”). Any and all claims or controversies must be arbitrated on an individual basis and must not be consolidated in any arbitration with any other claim or controversy of any other party. Such arbitration shall be conducted in Columbus, Ohio and any judgment rendered may be entered into any court having jurisdiction thereof. Either you or Adept Marketing may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio as may be necessary to protect the rights or property of you or Adept Marketing.
With respect to any litigation based on, arising out of, or in connection with the use of this Site, the Services or the Materials, the parties hereby expressly submit to the personal jurisdiction of the State of Ohio located in Franklin County or the United States District Court for the Southern District of Ohio (and any courts of appeal respectively there from). The parties hereby expressly waive, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above, including without limitation any claim that any such litigation has been brought in an inconvenient forum.
Regardless of any statute, law, regulation or otherwise to the contrary, and claim or controversy arising out of or related to the use of the Services or Site must be filed within one year after such claim or controversy arose. Failure to file such claim or controversy within the allotted one year shall be forever barred.
The parties agree that the specific terms of these Terms and Conditions will not be disclosed to any person or entity, except as required by law, that is not a party to these Terms and Conditions or their respective independent contractors, assignees or affiliates on a need-to-know basis, which may include, but not necessarily be limited to, each respective party’s legal counsel, bankers and/or investors.
Notwithstanding the Confidentiality provisions of this Section, either party may issue press releases to announce the relationship formed herein and the services being offered. Each press release prepared shall be submitted to the other party for approval. Such approval may be withheld for any reason.
This Agreement constitutes the entire agreement between the parties in respect of the Services. Any modifications to these Terms and Conditions must be made in a writing executed by both parties, by your online acceptance of updated terms, or after your continued participation in the Services after such terms have been updated by Adept Marketing.
The rights and remedies provided herein and in all other agreements, instruments, and documents delivered pursuant to or in connection with these Terms and Conditions, and by applicable law are cumulative and are in addition to and not exclusive of any other rights or remedies provided by law.
The provisions of these Terms and Conditions are severable. If any clause or provision hereof shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision or part thereof in such jurisdiction and shall not in any manner affect such clause or provision in any other jurisdiction or any other clause or provision in these Terms and Conditions in any jurisdiction.
You may not assign any of your rights or responsibilities hereunder without first receiving the prior written consent of Adept Marketing.
The section headings contained in these Terms and Conditions are included for convenience only, and shall not limit or otherwise affect the terms of these Terms and Conditions.
Nothing in these Terms and Conditions is to be construed as creating an agency, partnership, or joint venture relationship between the parties.
You represent and warrant that by accepting these Terms and Conditions and/or using the Services in any way, that you are not breaching any duty or obligation to any third-party and that the person executing these Terms and Conditions on behalf of it is the duly authorized representative of such party and authorized to bind it to the terms of these Terms and Conditions.