Terms of Use

Updated: 17th June 2024

PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY. YOUR USE OF THIS WEBSITE AND ANY RELATED SUB-DOMAINS (COLLECTIVELY REFERRED TO AS THE “WEBSITE”) IS GOVERNED BY THESE TERMS OF USE (THE “AGREEMENT”). BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO COMPLY WITH THIS AGREEMENT WITHOUT MODIFICATION.

IF YOU HAVE NOT READ, DO NOT UNDERSTAND, OR DO NOT AGREE TO THESE TERMS, OR IF YOU ARE NOT LEGALLY CAPABLE OF AGREEING (FOR EXAMPLE, IF YOU ARE UNDERAGE OR LACK THE AUTHORITY TO BIND THE ENTITY ACCESSING THE WEBSITE), YOU MAY NOT USE THE WEBSITE.

EACH TIME YOU ACCESS OR USE THE WEBSITE, YOU AGREE TO THESE TERMS. NOTE THAT, AS OUTLINED IN SECTION 1(C) BELOW, WE RESERVE THE RIGHT TO UPDATE THESE TERMS AT ANY TIME. IT IS YOUR RESPONSIBILITY TO REVIEW THE AGREEMENT EACH TIME YOU USE THE WEBSITE.

1. General

a. Parties Involved: This Agreement is between Auth-Analytics (referred to as “Company,” “us,” “our,” or “we”) and either (i) you, the user, or (ii) if you are using the Website on behalf of an entity, that entity (referred to as “you” or “your”). This Agreement governs your use of the Website. It does not alter any other agreements you have with us or our affiliates regarding other services or products.

b. Definitions

  • Affiliate: Any entity that currently or in the future (A) directly or indirectly owns or controls the Company, is owned or controlled by the Company, or is under common ownership or control with the Company, and (B) for the Company, is under common management with a specific party.
  • Personal Information: Any information that can identify or relate to an individual, or that can be combined with other information to identify an individual, regardless of whether such information is explicitly regulated by applicable law.
  • Service Provider(s): Third-party providers, vendors, and contractors who offer services to us or on our behalf in support of the Website and our rights under this Agreement.
  • User: Anyone accessing the Website.

c. Changes to Terms and Website by Auth-Analytics: Auth-Analytics reserves the right to modify this Agreement and the Website as necessary. When changes are made to the Agreement, we will post the new version on the Website along with the updated date. These changes will take effect immediately upon posting. You acknowledge that it is your responsibility to review the Agreement regularly to stay informed of any modifications. However, changes to dispute resolution or applicable law and venue provisions (as detailed in Section 14 “Dispute Resolution” and Section 15(a) “Applicable Law and Venue”) will not apply to disputes of which we had notice before the change date.

By continuing to use the Website after changes are posted, you accept the revised terms. If you do not agree with the updated terms, you must stop using the Website immediately.

Auth-Analytics may also alter, suspend, or discontinue any part or feature of the Website at its discretion.

d. Use of the Website by Minors: Our Website is not designed for individuals under the age of eighteen (18). If we find that you are underage or unable to legally agree to this Agreement, we may terminate your access or remove any content you have posted, with or without notice.

2. Privacy

a. Overview: At Auth-Analytics, we prioritize transparency and your privacy. Our Privacy Policy, available at www.auth-analytics.com/privacy-policy/, explains how we collect, use, share, and process your Personal Information from the Website. By using our services, you agree to our Privacy Policy. Note that this policy may be updated periodically, with changes effective immediately upon being posted on our Website.

b. Consent for Contact: By interacting with our forms or reaching out to us, you agree to our business relationship and consent to being contacted via phone, email, text, or mail by us or our authorized Service Providers. If you opt-in for SMS marketing, you agree to receive promotional messages and can opt-out anytime by replying STOP. Consent for SMS marketing is not required to use the Website, and no purchase is necessary. Standard messaging and data rates may apply.

c. Consent to Share: By using our Website, you consent to us sharing the Personal Information you provide with our Affiliates, as outlined in our Privacy Policy. Our Privacy Policy also describes other situations where we might share or disclose your Personal Information to third parties.

3. Technical Requirements

Accessing our Website requires an internet connection through your device. You are responsible for ensuring internet access and any associated costs for internet or mobile usage, including notifications from the Website. We do not guarantee compatibility with all devices or support from all mobile carriers. Some features may require JavaScript, cookies, or other technologies, which should be enabled for optimal functionality.

4. Intellectual Property

The content, structure, visual design, and all elements of the Website, such as text, graphics, logos, software, and more, are owned or licensed by the Company. These elements are protected by copyright, trademark, patent, trade secret, and other intellectual property laws in Canada, the United States, and other regions. You are not allowed to sell, license, distribute, copy, publish, modify, or create derivative works from the Website without our express written consent. We reserve all rights not explicitly granted in this Agreement. You do not gain any ownership rights to the Website except for the limited rights outlined in this Agreement. The Company will vigorously protect its intellectual property rights related to the Website within the bounds of the law.

5. Usage Rights and Limitations

a. Allowed Usage: You are granted a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Website and its materials for personal use only, as outlined in this Agreement and any other relevant agreements.

b. Restrictions on Website Use:

  • You are not allowed to use the Website or its materials for commercial gain.
  • You agree not to use the Website or its materials for any unlawful purposes or in ways that could harm or damage any party, including Auth-Analytics, its affiliates, and suppliers.
  • Unless explicitly authorized by us, you are prohibited from:
    • Altering or modifying the Website, or making electronic reproductions or adaptations beyond its intended use.
    • Selling, renting, leasing, transferring, distributing, or assigning any rights to the Website or its materials.
    • Removing or altering any proprietary notices or using our trademarks as meta-tags on other websites.
    • Using the Website for competitive or comparative research.
    • Copying, modifying, or deleting any information stored on our servers or third-party servers.
    • Using the Website to infringe upon any legal rights, or engaging in harassment, libel, defamation, abuse, or other objectionable actions.
    • Accessing password-protected or non-public areas of the Website without authorization.
    • Impersonating or misrepresenting your affiliation with any person or entity, including Auth-Analytics.
    • Using automated means to obtain information from the Website without our permission.
    • Attempting to disrupt the Website’s functionality or security measures.
    • Interfering with access to or use of the Website by others.
    • Posting content that includes profanity, obscenity, threats, harassment, violence, or hate speech.
    • Using the Website in violation of any federal, state, or local laws.
  • You may provide links to the Website, as long as the content’s integrity is maintained, the linked site is lawful and not engaged in illegal activities, and you remove the link upon our request.

6. Analytics and User Contributions

a. Your Data Usage Agreement: By using our Website, you acknowledge that we own all data and statistics (“Data”) gathered from your activities on the site. We may use this Data for any commercial or other purposes without compensating you. You grant us a nonexclusive, irrevocable, worldwide, perpetual, and royalty-free right to use and commercialize any Data derived from your use of the Website, including user-generated content and ideas, without further consent or compensation.

b. User Material Rights: Any materials or information you provide to us through postings, emails, or other communications regarding our company or the Website become our exclusive property, including all intellectual property rights. We may use these submissions for any purpose, commercial or otherwise, without acknowledging or compensating you.

7. Third-Party Content and Service Providers

a. Third-Party Content Disclaimer: Our website may feature materials and content from third parties, including ads and promotions (“Third-Party Content”). This does not mean we sponsor, endorse, or approve of the Third-Party Content, and we are not responsible for its accuracy, completeness, or timeliness. Your interactions with third parties via our website are at your own risk, and we are not liable for any issues or damages that may result from such interactions. Links to third-party websites are provided for your convenience, but we are not responsible for their content or any negative experiences you may have on those sites.

b. Service Providers Usage: We may employ third-party service providers, such as analytics services, to enhance your experience on our website. By using our website, you consent to us sharing your Personal Information with these service providers as needed to provide and improve our services, in accordance with applicable laws and our privacy policies.

8. Warranties and Disclaimers

a. Your Assurances: By using Auth-Analytics.com, you confirm the following:

  • If you are using the website on behalf of a business, organization, or other entity, you have the authority to agree to these terms on its behalf and bind that entity to this Agreement.
  • You are at least eighteen (18) years old.
  • You will comply with the terms outlined in this Agreement.
  • You are not restricted by Auth-Analytics or its affiliates from using the website or accessing their products or services.
  • You will maintain honesty and professionalism while using the website.

b. Website Availability: You acknowledge that 100% uptime for the website is not achievable. We strive to keep the website running smoothly, but technical issues, maintenance, upgrades, and other factors may cause interruptions or outages. We reserve the right to modify or suspend certain functions of the website, either temporarily or permanently, with or without notice. You agree that Auth-Analytics.com and its affiliates are not liable for any consequences resulting from such modifications, suspensions, discontinuations, or interruptions.

c. Disclaimers: By accessing and using the website and its materials, you do so at your own risk. Unless explicitly stated otherwise, the website (including all materials, user content, and third-party content) is provided on an “as is” and “as available” basis. Auth-Analytics, its affiliates, and suppliers explicitly disclaim any representations or warranties, whether express, implied, or statutory, regarding the website, its content, or any products offered through it. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from trade practices.

We do not guarantee that the materials, content, or products on the website are accurate, complete, appropriate, reliable, or timely. We are not responsible for typographical errors or omissions in pricing, text, or imagery. Additionally, we cannot ensure that the website will meet your specific requirements, or that your access to it will be uninterrupted, error-free, free of harmful components, or secure.

Auth-Analytics and any third party hosting the website on our behalf are not liable for any products, content, or information provided through the website. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you.

9. Limitation of Liability

a. General Liability: At Auth-Analytics, we strive to adhere to all applicable laws. However, regardless of any terms in this Agreement, our liability, along with that of our affiliates, partners, suppliers, advertisers, officers, employees, agents, contractors, successors, or assigns, is capped at one thousand dollars ($1,000). This limitation covers all kinds of damages—whether direct, indirect, special, incidental, exemplary, punitive, or consequential. These could arise from contract issues, equity, tort, or other legal bases, such as breach of warranty, negligence, or strict liability. This includes damages related to delays, loss of goodwill, data loss or corruption, interruptions, financial losses, lost profits, or any other economic losses. This limitation applies to any aspect of the website, including your use of it, any information you provide to us, any links, materials, or content on the site (like user content and third-party content), and any products offered through the site. This applies even if we’ve been informed of the potential for such damages and remains in effect even if limited remedies fail.

b. Time Limit for Claims: Any claims or legal actions related to these Terms of Use or the website must be brought within one (1) year from when the cause of action arose. After this period, the claim or action is permanently barred.

10. Responsibility and Protection

By using the Website, you agree to indemnify and hold harmless Auth-Analytics, its affiliates, directors, officers, partners, employees, agents, contractors, successors, and assigns from any claims, lawsuits, damages, liabilities, losses, costs, expenses (including legal fees and court costs), judgments, settlements, and penalties arising from: a. Your breach of this Agreement. b. Your activities related to the Website, including providing us with any information. c. Your use of any links, information, materials, or products offered through the Website.

11. Termination of Agreement

a. Duration: This Agreement is effective for as long as you use the Website.

b. Termination: We reserve the right to terminate your access to the Website at any time, for any reason, with or without cause, and without prior notice. We may also seek injunctive or equitable relief without the need for a bond. We are not liable for terminating your access due to a breach of this Agreement or for any other reason.

c. Post-Termination: Certain sections of this Agreement will continue to apply even after termination, including those related to privacy, proprietary rights, limitations of liability, indemnification, dispute resolution, and applicable law.

12. Copyright Concerns

At Auth-Analytics, we take copyright issues seriously and address them promptly. If we find that any material on our website infringes on someone’s copyright or other intellectual property rights, we will remove it and may revoke the infringer’s access.

If you believe your copyrighted work has been improperly posted on our site, or if it has been removed by mistake, please contact our designated copyright agent with the following information:

  • Your physical or electronic signature, showing you are authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work that has been infringed or mistakenly removed.
  • A detailed description of the infringing material, including the URL where it can be found.
  • Your contact information, including name, mailing address, phone number, and email address.
  • A statement affirming your good faith belief that the use of the copyrighted material is unauthorized or that its removal was an error.
  • A statement confirming the accuracy of the provided information and that you are authorized to act on behalf of the copyright owner, under penalty of perjury.

To report a copyright infringement or submit a counter-notice, please use the contact details provided on our website. We appreciate your help in maintaining a respectful and lawful online environment.

13. International Usage

Auth-Analytics operates primarily in the United States and follows U.S. law. For Users outside the United States and Canada, please be aware:

  • Data protection laws in the United States, Canada, and other countries may differ from those in your country. By using our services, you consent to the transfer, storage, and processing of your information in the United States, Canada, and/or other countries.
  • You agree to follow all local laws and regulations, including those of your country and the country from which you access our Website. Our Website should not be used where such use would be illegal or require company registration within that jurisdiction.

We appreciate your understanding and cooperation in complying with relevant laws and regulations.

14. Dispute Resolution

a. Resolution Process: Our goal is to resolve disputes efficiently and avoid litigation. If a dispute cannot be resolved through regular business channels, please send us a written notice detailing the issue, including relevant documents and the desired resolution. We will respond promptly and work with you to resolve the matter quickly.

b. Class Action Waiver: Both you and Auth-Analytics agree that any dispute resolution or litigation will be pursued individually. You agree not to initiate any class action, representative action, collective action, private attorney general action, or similar.

c. Jury Trial Waiver: By entering into this agreement, both parties waive their right to a jury trial.

15. Miscellaneous

a. Governing Law and Jurisdiction: This Agreement and any disputes arising from it will be governed by the laws of (i) Ontario and Canada if you’re located in Canada, or (ii) Maryland and the federal laws of the United States if you’re located in the US, without regard to conflicting laws. You agree that any legal proceedings related to the Website or this Agreement will exclusively occur in (A) Ontario courts and the Federal Court of Canada for Canadian users, (B) Maryland state and federal courts for US users, or (C) any other judicial district decided by the Company for all actions or disputes related to this Agreement.

b. Entire Agreement: This Agreement, along with all incorporated rules, policies, terms, and conditions, constitutes the entire understanding between you and us regarding its subject matter, superseding any prior agreements or communications, whether oral or written.

c. Severability: If any part of this Agreement is found to be invalid, it will be modified to the extent necessary to make it valid or, if that’s not possible, severed from the Agreement, without affecting the validity of the remaining provisions.

d. Waiver: Any delay or failure to enforce any provision or right in this Agreement will not be considered a waiver of those rights.

e. Assignment: You cannot transfer your rights or obligations under this Agreement without our written consent. We reserve the right to assign our rights or delegate our duties under this Agreement at any time, without your consent.

f. Third-Party Beneficiaries: This Agreement benefits you, us, and our respective successors and assigns. No other person or entity, including any third party hosting the Website on behalf of the Company, has any rights under this Agreement.

g. Export Compliance: You agree to comply with all export laws and regulations. You represent that you are not restricted from doing business in specific countries or with specific entities. You will not provide access to the Website to any party in embargoed countries or in violation of export laws.

h. Contact Us: For any questions or comments about this Agreement or the Website, please email us at [email protected].

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