FREAKALYTICS CLOUD SERVICES TERMS OF SERVICE
Version 1.0, December 19th, 2014
These Freakalytics Cloud Services (referred to throughout this agreement as “Service” or “Services”) Terms of Service (referred to throughout this agreement as "ToS") are entered into by Freakalytics LLC (referred to throughout this agreement as "Freakalytics") and the entity executing this ToS (referred to throughout this agreement as "You" or “Yours”). This ToS governs Your use of Freakalytics Cloud Services.
BY CLICKING THE "I ACCEPT", “I AGREE” “Log In”, “Log Me In” OR SIMILAR BUTTON, COMPLETING THE REGISTRATION PROCESS, OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT. FURTHER, IF YOU USE THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ORGANIZATION OR GOVERNMENT AGENCY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THESE TERMS AND CONDITIONS.
Your obligations and access to Services includes access purchased or obtained from your Account and for any Users that may be permitted as part of your annual agreement. Your Account obligations under this agreement are extended to all Users and their respective organizations.
This agreement governs Your access to and use of Services offered by Freakalytics. Freakalytics is headquartered in Seattle, Washington, USA and was incorporated as a Nevada Corporation in 2009. “Freakalytics” is a registered trademark of Freakalytics.
This Agreement limits Freakalytics liability and obligations to You, imposes certain obligations on You, allows Freakalytics to suspend or terminate Your access to and use of the Services and provides You with other important information about the provision and use of Services.
The Service enables Users to upload, download and share data, analyses, reports and other digital, email, web and otherwise delivered data, reports and analytic products of the service (referred to throughout this agreement as “Digital Assets”) that they have requested or accessed using Freakalytics proprietary technology services and software programs (referred to throughout this agreement as “Freakalytics Code”). The description of Digital Assets is used in the prior sentence as examples of the Services product offerings and is not all inclusive of all features or capabilities provided under the service, nor is this description a commitment to a minimal set of capabilities, nor is the description a comprehensive list of all product names or a commitment to specific product names.
In consideration of the foregoing, the parties agree as follows:
"Account" refers to the billing account for the Service.
"Confidential Information" including but not limited to any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within ten business days, reduced to writing and marked "confidential". However, Confidential Information will not including but not limited to any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.
"Customer Data" means the data you share, upload, collect, process or store using the Service.
"Documentation" means any accompanying documentation made available to You by Freakalytics for use with the service, including but not limited to any documentation available online.
"Freakalytics Code" means the Freakalytics Cloud Services server-side software, systems infrastructure, systems architecture, security mechanisms and all supporting assets which analyzes the Customer Data and generates the Digital Assets.
"Servers" means the servers controlled by Freakalytics (or its wholly owned subsidiaries) on which the Freakalytics Code and Customer Data are stored.
"Third Party" means any third party (i) to which You provide access to Your Account either by means of Users or other mechanisms.
“Users” or “User” means persons or a person granted a unique login under the terms of Your Account. Each person accessing Customer Data or Digital Assets of Your Account must have a unique login and counts as a User for billing and annual agreement purposes.
- Fees and Service
Freakalytics may change its fees and payment policies for the Service from time to time. The changes to the fees or payment policies are effective upon Your acceptance of those changes under an annual agreement. Any outstanding balance becomes immediately due and payable upon termination of this ToS and any collection expenses (including but not limited to attorneys' fees) incurred by Freakalytics will be included to in the amount owed.
- Account, Users, Passwords and Security
To register for the Service, You must complete the registration process by providing Freakalytics with current, complete and accurate information as prompted by the registration form or registration process (for multiple Users), including but not limited to Your e-mail address (user name), password and other requested information. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your Account. You are solely responsible for any and all activities that occur under Your Account by Your Users. You will notify Freakalytics immediately upon learning of any unauthorized use of Your Account or any other breach of security. Freakalytics and Freakalytics partner support companies may on occasion log in to Services using Your Account Users credentials in the course of maintaining or improving Services, to provide You assistance with technical or billing issues or other activities required to maintain or improve Services.
You agree to: (a) provide true, accurate, current and complete information about authorized Users as prompted by registration form or process and (b) maintain and promptly update the User information to keep it accurate and current. If You provide any information that is inaccurate or not current, or Freakalytics has reasonable grounds to suspect that such information is inaccurate or not current, Freakalytics has the right to suspend or terminate Your account and refuse any and all current or future use of the Services.
- Nonexclusive License, Intellectual Property,
Service Usage and Availability
Subject to the terms and conditions of this ToS,
- Freakalytics grants You a limited, revocable, non-exclusive, non-sublicensable license to use the Services solely as necessary for You through a generally available web browser or mobile device web browser or application (excluding programs or applications or features that enable web spidering, data scraping, web crawling or other similar automated or semi-automated technology or software to access data or Digital Assets without the express written consent of Freakalytics) and use the Services in accordance with the Agreement; and
- You may remotely access, view and download Your Digital Assets stored at Services. You will not (nor will You allow any third party to):
b.1 copy, modify, adapt, translate or otherwise create derivative works of the Services, Freakalytics Code or Services Support and Documentation System;
b.2 reverse engineer, decompile, disassemble or otherwise attempt to discover, directly access or download the source code of the Services or Freakalytics Code;
b.3 assign, rent, lease, sell, or otherwise transfer access rights to the Services or Services Support and Documentation System without additional, express written consent under signed contract;
b.4 remove notices, brand marks, logos or labels of Services without additional, express written consent under signed contract;
b.5 use, submit, upload, transmit or introduce any device, software, data or routine which interferes or attempts to interfere with the operation of Services; and/or
b.6 use data belonging to third parties (including Freakalytics) on Services for purposes other than requesting, viewing, and downloading Digital Assets.
You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Freakalytics Code, Service and Digital Assets.
You have the right to access and use the Services as it exists on any given day and Freakalytics has no other obligation with respect to updating, improving, maintaining, or making available Services except as agreed to by both parties in a separate written annual agreement. Further, Freakalytics may update, modify, revise, replace, refuse access to, suspend or discontinue the Services, partially or entirely.
To be eligible to use the Services, You must meet the following criteria and represent and warrant that You: (1) are of legal age to enter into legal agreements; (2) are not currently restricted from the Services, (3) are not a competitor of Freakalytics or are not using the Services for reasons that are in competition with Freakalytics; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which You are a party; (5) will not violate any rights of Freakalytics, including intellectual property rights such as copyright or trademark rights; (6) will comply with the Agreement as the same may be amended from time to time; and (7) agree to provide at Your cost all equipment, software, and internet access necessary to use the Services.
All right, title, and interest in and to the Services is and will remain the exclusive property of Freakalytics and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Freakalytics incorporates any of Your Feedback (as defined below) into subsequent versions. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, You may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services.
All feedback, comments, and suggestions for improvements that You provide to Freakalytics, in any form, and the results, metrics, and statistics resulting from any analysis of User access to and use of the Services and Digital Assets made available via the Services (collectively, the “Feedback”) will be the sole and exclusive property of Freakalytics. You hereby irrevocably transfer and assign to Freakalytics all of Your right, title, and interest in and to all of Your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. You will not earn or acquire any rights or licenses in the Services or in any Freakalytics Intellectual Property Rights on account of this Agreement or Your use of the Services.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this ToS or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
- Information Rights, Customer Data and Publicity
Freakalytics and its wholly owned subsidiaries may retain and use, information collected relating to Your use of the Service. Freakalytics will not share Your Customer Data or any Third Party's Customer Data with any third parties unless Freakalytics (i) has Your consent for any Customer Data or any Third Party's consent for the Third Party's Customer Data; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Customer Data is reasonably necessary to protect the rights, property or safety of Freakalytics, its Users or the public; or (iii) provides Customer Data in certain limited circumstances to third parties to carry out tasks on Freakalytics behalf (e.g., billing, systems support or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Freakalytics. When this is done, it is subject to agreements that oblige those parties to process Customer Data only on Freakalytics instructions and in compliance with this ToS and appropriate confidentiality and security measures.
You represent and warrant that Customer Data and Digital Assets that You upload or share or distribute with or from or to the Service is in compliance with this Agreement and that You own or otherwise have all necessary rights and permissions to submit and access the resulting Digital Assets. You also represent and warrant that Customer Data or Digital Assets will not infringe the intellectual property rights of any third party and is not in violation of any legal restrictions of any other third party rights. If You have any doubts about whether You have the legal right to upload Digital Assets or access them, you will not proceed.
Freakalytics does not claim ownership of Customer Data (referred to throughout this agreement as “Your Data”); however, You hereby grant Freakalytics a worldwide, perpetual, royalty-free and non-exclusive license, as applicable, to (i) make available and distribute Your Customer Data via the Services to those Users and/or to the general public based on Your request and (ii) internally use Your Data to review the underlying Freakalytics Code used with Your Customer Data, and to test and evaluate Customer Data, including without limitation conducting load testing and validation of Customer Data with Freakalytics Code.
Freakalytics allows You to share, up to that number of Account Users, Digital Assets as set forth at Freakalytics.com/cloudtos under the separate annual agreement. Freakalytics Services branding will appear in an unobtrusive yet clear manner in Digital Assets under an annual agreement.
If You choose to, You can share Customer Data and/or Digital Assets with the general public, or with specific individuals or Users You select to the extent the Services supports such functionality. If You decide to share Customer Data and/or Digital Assets, You are giving certain legal rights, as explained below, to those individuals who You have given access to Your Digital Assets. Freakalytics has no responsibility to enforce or police, or aid You in enforcing or policing, the terms of the license(s) or permission(s) You have chosen to offer. FREAKALYTICS IS NOT RESPONSIBLE FOR MISUSE OR MISAPPROPRIATION OF YOUR DIGITAL ASSETS BY THIRD PARTIES.
You acknowledge and agree that Freakalytics does not have any obligation to monitor Customer Data uploaded to Services or Digital Assets accessed by Users and disclaims all responsibility and liability for use of Digital Assets or Customer Data uploaded to or made available to You through the Services, including without limitation the accuracy, completeness, appropriateness, legality or applicability of the applications and You hereby waive any and all legal or equitable rights or remedies You have or may have against Freakalytics with respect to the Your Data, Digital Assets and other results that You may view, download, share, access or use.
Freakalytics reserves the right to remove and/or disable any Customer Data, Digital Assets and results, with or without notice, if deemed by Freakalytics to be contrary to the Agreement. For avoidance of doubt, Freakalytics has no obligation to store, maintain or provide You a copy of any of Customer Data or Digital Assets submitted to the Services and any of Digital Assets are available at Your own risk of loss.
Digital Millennium Copyright Act Compliance - You will only upload, post, submit or otherwise transmit data and/or files: (i) that You have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Freakalytics has adopted and implemented a policy that permits the deletion of files that violate this policy, and will terminate the Accounts and/or Users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend Freakalytics and its wholly owned subsidiaries and its supporting business partners, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against Freakalytics or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including but not limited to, reasonable attorneys' fees and other litigation expenses) incurred by Freakalytics or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this ToS, (ii) Your access to or use of the Services and any activity in which You engage through the Services, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Freakalytics Code or Digital Assets to any Third Party; (v) Your violation, misappropriation or infringement of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right in Your use of the Service, the Freakalytics Code or Digital Assets; (vi) violations of Your obligations of privacy to any Third Party; (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Freakalytics Code or Digital Assets; (viii) any claim that Customer Data and/or Digital Assets caused damage to a third party, including without limitation claims that Customer Data and/or Digital Assets infringes the rights of another. Freakalytics will provide You with written notice of any claim, suit or action from which You must indemnify Freakalytics. You will cooperate as fully as reasonably required in the defense of any claim. Freakalytics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
- Third Parties
If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by Freakalytics to do so, then You represent and warrant that You are authorized to act on behalf of, and bind to this ToS, the Third Party to all obligations that You have under this ToS.
- DISCLAIMER OF WARRANTIES
The Services, including without limitation all applications, Digital Assets, all content and information provided therein or thereby, are provided “AS-IS” and without warranty. Your access to and use of the Services is at Your own risk. Freakalytics disclaims all liability for and is not responsible for any harm to Your computer system, loss or corruption of data, or other harm that results from Your access to or use of the Services.
WITHOUT LIMITING THE FOREGOING, FREAKALYTICS EXPLICITLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF DEALING OR USAGE IN TRADE. YOU ACKNOWLEDGE THAT USE OF THE SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR APPLICATIONS OR YOUR INFORMATION TO UNINTENDED THIRD PARTIES.
FREAKALYTICS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FREAKALYTICS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY APPLICATIONS, DIGITAL ASSETS OR INFORMATION OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR DIGITAL ASSETS OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FREAKALYTICS OR THROUGH THE FREAKALYTICS WEBSITE OR SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
IN NO EVENT WILL FREAKALYTICS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, REVENUE, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE Services OR ANY APPLICATIONS, OR FOR ANY ERROR OR DEFECT IN THE SERVICES OR APPLICATIONS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FREAKALYTICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT FREAKALYTICS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING, HARMFUL, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FREAKALYTICS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY APPLICATIONS OR OTHER CONTENT UPLOADED ONTO OR DOWNLOADED OR THROUGH THE SERVICE, OR IF YOUR APPLICATIONS ARE LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF FREAKALYTICS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE FREAKALYTICS WEBSITE AND/OR SERVICE IS LIMITED TO ONE HUNDRED ($100) U.S. DOLLARS OR UP TO THREE MONTHS OF SERVICE FEES, WHICHEVER IS GREATER.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FREAKALYTICS AND YOU.
The foregoing limitation of liability shall apply regardless of whether (1) You base Your claim on contract, tort, statute or any other legal theory, (2) Freakalytics knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose.
- Proprietary Rights Notice
The Service, which includes but is not limited to the Freakalytics Code and all Intellectual Property Rights therein are, and will remain, the property of Freakalytics (and its wholly owned subsidiaries). All rights in and to the Freakalytics Code not expressly granted to You in this ToS are reserved and retained by Freakalytics and its licensors without restriction, including but not limited to, Freakalytics (and its wholly owned subsidiaries) right to sole ownership of the Freakalytics Code and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Freakalytics Code outside of the scope of the license granted in this ToS; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Freakalytics Code or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Freakalytics Code or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Freakalytics Code; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Freakalytics; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Freakalytics (or its wholly owned subsidiaries) other than in the name of Freakalytics (or its wholly owned subsidiaries, as the case may be); or (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item including but not limited to with the Service.
- U.S. Government Rights
If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the Freakalytics Code, including but not limited to its rights to use, modify, reproduce, release, perform, display or disclose the Freakalytics Code or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this ToS.
- Term and Termination
Either party may terminate this ToS at any time with notice. Upon any termination of this ToS, Freakalytics will stop providing and You will stop accessing the Service; and You will delete all embedded Digital Assets from all Properties and certify thereto in writing to Freakalytics within 10 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of Your data will no longer be available to You.
- Modifications to Terms of Service and Other Policies
Freakalytics may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Freakalytics will post notice of modifications to these terms at Freakalytics.com/cloudtos or policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use of Freakalytics Cloud Services. No amendment to or modification of this ToS will be binding unless (i) in writing and signed by a duly authorized representative of Freakalytics, (ii) You accept updated terms online, or (iii) You continue to use the Service after Freakalytics has posted updates to the ToS or to any policy governing the Service.
- Miscellaneous, Applicable Law and Venue
Freakalytics will be excused from performance in this ToS to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This ToS (including but not limited to any amendment agreed upon by the parties in writing) represents the complete agreement between You and Freakalytics concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this ToS is held to be unenforceable for any reason, such provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this ToS will not be affected in any way.
You agree that the Agreement and all policies and other documents referenced herein or applicable to Your use of the Services constitute the entire, complete and exclusive agreement between You and Freakalytics regarding the Services and supersede all prior and contemporaneous agreements and understandings, whether written or oral, or whether established by courtroom, practice, policy or precedent, with respect to the subject matter hereof.
Except for any disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with Freakalytics arising out of or relating to the Agreement (“Disputes”) shall be governed by the laws of King County in the State of Washington, USA, regardless of Your country of origin or where You access the Services, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Seattle, Washington, USA, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this ToS. The Freakalytics Code is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals.
Any notices to Freakalytics must be sent to: Freakalytics LLC, 3518 Fremont Ave North #406, Seattle, WA 98103, USA, via certified mail or certified courier, and are deemed given upon certified receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this ToS without Freakalytics prior written consent, and any such attempt is void. The relationship between Freakalytics and You is not one of a legal partnership relationship, but is one of independent contractors. This ToS will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this ToS will survive any termination thereof: 1, 4, 5, 6, 7, 8, 9, 10, 11, 13 and 15.
This concludes the TERMS OF SERVICE.