Terms and Conditions of Use
Date: 1 Nov 2013
This Agreement (the “Agreement”) is a legal agreement between You (an entity or person) and UserStats, a service owned and run by Hotjar Limited (“UserStats”), that governs your limited, non-exclusive, terminable right to the use of the UserStats.com website and related services (“Site”), the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”). By clicking on the "Create Account" button, or otherwise using the Service, You agree to be bound by the terms of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK 'CREATE ACCOUNT' AND CANNOT USE THE SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
We may amend this Agreement from time-to-time. All amended terms automatically take effect on the sooner of the day you use the Service or 10 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.
1. Limited License
UserStats grants You a limited, revocable, non-exclusive, non-transferable license to use the Site and Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement. You agree not to resell the Service. You may not modify, reverse engineer, decompile or disassemble the Site and Service. You may not copy, adapt, alter, modify, translate, or create derivative works of the Site and System without written authorization of UserStats. You may not use the System for illegal purposes or for the transmission of information that is unlawful, libelous, abusive, obscene or that infringes the rights or intellectual property of others. You may not permit other individuals to use the System, including but not limited to shared use via a network connection, except under the terms of this Agreement. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the System. You may not circumvent or disable any technological features or measures in the System for protection of intellectual property rights. You may not use the System in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. Any such forbidden use shall immediately terminate Your license to the Site and System.
2. Proprietary Rights
All right, title and interest in the Service and any content contained herein is the exclusive property of UserStats, except as otherwise stated. Unless otherwise specified, this Service is for your personal and limited commercial use only and you may print, copy and download any information or portion of the Site for your personal use only. If you copy or download any information from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without UserStats' prior written approval.
All trademarks, trade names, service marks and logos are proprietary to UserStats. Your use of any marks on the Site and Service in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by UserStats, is strictly prohibited.
The materials on the UserStats Site and Service are provided “as is”. UserStats makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, UserStats does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall UserStats, its owners, suppliers or any of their respective owners, employees and/or agents be liable to you or any third party for direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from (i) your use of or access to the Service, or any content, products or services distributed on or provided through the website and Service, (ii) for any failure or interruption of the Service; whether as a result of errors, omissions, loss of data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if UserStats or its suppliers have been expressly advised of the possibility of such damages.
Some jurisdictions restrict the limitation of liability or damages, so the above exclusions and limitations may not apply to you. If any part of the limitation of liability set forth above is unenforceable under applicable law, UserStats' aggregate liability will be limited to the maximum extent permitted by law in the applicable jurisdiction.
The materials appearing on UserStats' Site and Service may include technical, typographical, or photographic errors. UserStats does not warrant that any of the materials on its Site and Service are accurate, complete, or current. UserStats may make changes to the materials contained on its Site and Service at any time without notice. UserStats however, makes no commitment of any kind to update the materials.
6. Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While UserStats has endeavored to create a secure and reliable Site and Service, please be advised that the confidentiality of any communication or material transmitted to/from a Site and Service over the Internet cannot be guaranteed. Accordingly, UserStats is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site and Service, or for the consequences of any reliance on such information. UserStats shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
7. Your Responsibility to Protect Data and Password
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying UserStats of any unauthorized use of your account, or breach of your account information or password. UserStats will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify UserStats about unauthorized use of your account or breach of your account information or password.
The Site may include links to certain website, materials, or content developed by third parties. UserStats has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by UserStats of the Site. Use of any such linked website is at your own risk. UserStats reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
9. Enforcing Security
Actual or attempted unauthorized use of any of the Site and Service may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site and Service without notice or further permission from you, to the fullest extent permitted by applicable law. This right extends to our review of tracking activity and details pertaining to claimed violations by users. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site and Service.
10. Compliance with Laws
You will use the Service and Site in full compliance with all applicable laws and regulations with regard to your use of this Site and service provided by the Site, to include, without limitation, the laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications.
You agree to defend, indemnify and hold UserStats and its officers, owners, partners, directors, employees, agents, subsidiaries, affiliates, shareholders, licensors, suppliers and other partners (collectively, "UserStats Indemnitees") harmless, in full and in perpetuity against any third party liabilities, claims, costs, expenses, obligations, losses or damages, including consequential loss that may arise from i) your unauthorised use of material obtained through the Site and Service; ii) your breach of this Agreement; iii) your use and access to the Site and Service; iv) any other violation, alleged or actual, of any third party right. You are solely responsible for defending any such claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the UserStats Indemnitees in connection therewith. You shall not, without the prior express written approval of UserStats, settle, dispose or enter into any proposed settlement or resoultion of any claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any UserStats Indemnitees. This defense and indemnification obligation will survive this Agreement and your access and/or use of the website.
12. Termination of License
UserStats may terminate your right to use the Site and Service with or without cause at any time. You may also terminate this Agreement by simply discontinuing use of the Service. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on your use of the Software as set forth in Section 2 shall survive such termination, and You agree to be bound by those terms.
13. Governing Law
This Agreement is governed by the laws of Malta, and subject to the non-exclusive jurisdiction of the Maltese Courts. UserStats shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Site and Service in the courts of the country in which You reside.
14. Waiver of Jury Trial
EACH OF THE PARTIES WAIVES ITS RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THIS AGREEMENT BROUGHT BY EITHER PARTY AGAINST THE OTHER. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS OF OR MODIFICATIONS TO THIS AGREEMENT.
15. No Class Actions
All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Services. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
16. Waiver of Compliance of this Agreement
Even if we do not require strict compliance with the Agreement in each instance, you will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by you of any of the provisions of the Agreement, will in no way waive your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.
Any and all waivers by UserStats of any provision, condition or requirement of the Agreement will only be effective against UserStats if it is in writing and signed by an authorized officer of UserStats, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
17. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, UserStats for any third party that assumes our rights and obligations under this Agreement.
If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of the Agreement will not be affected.
Rights and obligations under this Agreement which by their nature are intended to survive termination, including without limitation the indemnification and limitations provisions, will remain in full effect after termination or expiration of the Agreement.
UserStats may amend this Agreement, and any guidelines, rules and policies from time to time, and You agree to be bound by such amendments. Continued access to the UserStats Site and Service will constitute Your acceptance of any changes to the Agreement, so it is Your responsibility to review the Agreement on accessing the Website. Each version of this Agreement will be identified at the top of the page by its effective date. If You do not agree to any modification to this Agreement, You must immediately stop using this Site and Service.