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Please read our privacy policy and terms
of service before using this website.
Privacy Policy
Your privacy is very important to us. Our Privacy Policy is designed to assist
you in understanding how we collect and use the personal information you provide
to us and to assist you in making informed decisions when using our website
and our products and services. This Policy applies to the analyticsindex.com
website and the "Analytics KPI gadget" (collectively known as the
"Service") that are offered by Monitus LLC.
Personal Information You Choose to Provide
You do not have to register or disclose any personal information in order to
access and use our Service.
If you choose to correspond with us through email, we may retain the content
of your email messages together with your email address and our responses.
Service Use Information
Similar to other web sites, our Service utilizes a standard technology called
"cookies" (see explanation below, "What Are Cookies?") and
Web server logs to collect information about how our Service is used. Information
gathered through cookies and Web server logs may include the date and time of
visits, the pages viewed, time spent at our Web site.
What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique
identifier. When you visit a Web site, that site's computer asks your computer
for permission to store this file in a part of your hard drive specifically
designated for cookies. Each Web site can send its own cookie to your browser
if your browser's preferences allow it, but (to protect your privacy) your browser
only permits a Web site to access the cookies it has already sent to you, not
the cookies sent to you by other sites.
How Do We Use Information We Collect from Cookies?
Our Service uses its cookies to differentiate you from other users. Cookies,
in conjunction with our Web server's log files, allow us to calculate the aggregate
number of people visiting our Web site and which parts of the site are most
popular. This helps us gather feedback in order to constantly improve our Service
and better serve our customers. Cookies do not allow us to gather any personal
information about you and we do not store any personal information that you
provided to us in your cookies. We also use cookies to improve the functionality
of our service by storing user preferences. You may refuse cookies in your browser,
although some features of our Service may not function properly as a result.
Sharing Information with Third Parties
We may enter into alliances, partnerships or other business arrangements with
third parties who may be given access to personal information including your
name, address, telephone number and email for the purpose of processing personal
information on our behalf. In connection with alliances, partnerships or arrangements,
we may also provide certain information to third parties if we have determined
that the information will be used in a responsible manner by a responsible third
party. For example, some of our partners operate stores or provide services
on our site, while others power offerings developed by us for your use. We may
also use third parties to facilitate our business, including, but not limited
to, sending email and processing credit card payments. In connection with these
offerings and business operations, our partners and other third parties may
have access to your personal information for use in connection with business
activities. As we develop our business, we may buy or sell assets or business
offerings. Customer, email, and visitor information is generally one of the
transferred business assets in these types of transactions. We may also transfer
such information in the course of corporate divestitures, mergers, or any dissolution.
In order to provide enhanced functionality, our Service allows you to choose
whether to share certain non-personal information with us, such as the "Bounce
rate metric". We may share with third parties such non-personal information
in aggregate form. This type of information does not identify you personally.
Links
Our website may include links to other sites on the Internet that are owned
and operated by other third parties. You acknowledge that we are not responsible
for the availability of, or the content located on or through, any third-party
site. You should contact the site administrator or webmaster for those third-party
sites if you have any concerns regarding such links or the content located on
such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
Certain Disclosures
We may disclose your personal information if required to do so by law or subpoena
or if we believe that such action is necessary to (a) conform to the law or
comply with legal process served on us or affiliated parties; (b) protect and
defend our rights and property, our site, the users of our Service, and/or our
affiliated parties; (c) act under circumstances to protect the safety of users
of our Service, us, or third parties.
Your Consent
By using our Service you consent to our collection and use of your personal
information as described in this Privacy Policy. If we change our privacy policies
and procedures, we will post those changes on our Web site to keep you aware
of what information we collect, how we use it and under what circumstances we
may disclose it.
Terms of Service
Monitus LLC provides its Service (as defined below) subject to the following
Terms of Use Agreement ("TOS"). If you do not agree to the terms and
conditions of this agreement, you should immediately cease all usage of this
Service. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications shall
become effective immediately upon being posted at the analyticsindex.com website.
Your continued use of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications. Except
as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
The "Service" includes the analyticsindex.com website and the "Analytics
KPI gadget". You may access the Service for personal use only, provided
that you are in compliance with all provisions of the TOS. You also understand
and agree that the Service may include advertisements and that these advertisements
are necessary for Monitus to provide the Service.
2. Updates to Service
We may update the Service at any time without asking for your permission or
notifying you. These updates are intended to improve our Service, such as adding
new functionality or fixing bugs.
3. Disclaimer of Warranties
The Service is provided by Monitus LLC on an "as is" and on an "as
available" basis. To the fullest extent permitted by applicable law, Monitus
LLC makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Monitus LLC shall have no liability for
any interruptions in the use of this Service. Monitus LLC disclaims all warranties
with regard to the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties; therefore
the above-referenced exclusion is inapplicable.
4. Limitation of Liability
MONITUS LLC SHALL NOT be liable for any damages whatsoever, and in particular
MONITUS LLC shall not be liable for any special, indirect, consequential, or
incidental damages, or damages for lost profits, loss of revenue, or loss of
use, arising out of or related to this Service or the information contained
in it, whether such damages arise in contract, negligence, tort, under statute,
in equity, at law, or otherwise, even if MONITUS LLC has been advised of the
possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
5. Indemnification
You agree to indemnify and hold Monitus LLC, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out
of your use of the Service, the violation of this Agreement, or infringement
by you, or other user of the Service using your computer, of any intellectual
property or any other right of any person or entity.
6. Modifications and Interruption to Service
Monitus LLC reserves the right to modify or discontinue the Service with or
without notice to you. Monitus LLC shall not be liable to you or any third party
should Monitus LLC exercise its right to modify or discontinue the Service.
You acknowledge and accept that Monitus LLC does not guarantee continuous, uninterrupted
or secure access to our Service and operation of our Service may be interfered
with or adversely affected by numerous factors or circumstances outside of our
control.
7. Third-Party Sites
Our Service may include links to other sites on the Internet that are owned
and operated by online merchants and other third parties. You acknowledge that
we are not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of those third-party sites
is subject to the terms of use and privacy policies of each site, and we are
not responsible therein. We encourage you to review said privacy policies of
third-parties’ sites.
8. Governing Jurisdiction of the Courts California
Our Service is operated and provided in the State of California. As such, we
are subject to the laws of the State of California, and such laws will govern
this TOS, without giving effect to any choice of law rules. We make no representation
that our Service is appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our Service you agree to do so subject
to the internal laws of the State of California.
9. Compliance with Laws
You assume all knowledge of applicable law and is responsible for compliance
with any such laws. You may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
You further agree not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this Service, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is ©2007
Monitus LLC, with all rights reserved, or is the property of Monitus LLC and/or
third parties protected by intellectual property rights. You will not nor will
you allow any third party to copy, modify, adapt, translate or otherwise create
derivative works of the Service or the Documentation; reverse engineer, de-compile,
disassemble or otherwise attempt to discover the source code of the Service,
except as expressly permitted by the law in effect in the jurisdiction in which
you are located. Any use of materials on the website, including reproduction
for purposes other than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial exploitation
of any kind, without prior written permission of an authorized officer of Monitus
LLC is strictly prohibited. You agree that they will not use any robot, spider,
or other automatic device, or manual process to monitor or copy our web pages
or the content contained therein without prior written permission of an authorized
officer of Monitus LLC.
analyticsindex.com, Analytics KPI, Monitus, monitus.net, monitus.com and are
proprietary marks of Monitus LLC. Monitus LLC’s trademarks may not be
used in connection with any product or service that is not provided by Monitus
LLC, in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits Monitus LLC.
All other trademarks displayed on Monitus LLC’s website are the trademarks
of their respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Monitus LLC.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through
the Digital Millennium Copyright Act, Monitus LLC designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Monitus LLC
P.O. Box 1714, Mill Valley, CA 94942
By Email: info (at) monitus.com
12. Other Terms
If any provision of this TOS shall be unlawful, void or unenforceable for any
reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this TOS and any other agreements referenced
herein may be assigned by Monitus LLC, in our sole discretion, to a third party
in the event of a merger or acquisition. This TOS shall apply in addition to,
and shall not be superseded by, any other written agreement between us in relation
to your participation. You agree that by accepting this TOS, you are consenting
to the use and disclosure of your personally identifiable information and other
practices described in our Privacy Policy Statement.
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