We collect two basic types of information from you in conjunction with your use of the Website, personal information and non-personal information. Personal information is information that you may supply to us, as described more fully below, i.e., when you obtain a subscription, complete a survey, register on the Website, upload content, participate in a community, or provide your email address. Personal information is any information that can individually identify you and includes, among other things, your name, e-mail address, telephone number, postal address, credit card, billing and contact information. Non-personal information includes information that does not personally identify you, but it may include tracking and usage information about your location, demographics, use of the Website and the Internet.
As a general matter, you can browse the Website without submitting your personal information to us. However, there are a number of circumstances in which you may supply us or our agents with your personal information. The following lists the most common ways in which we may collect your personal information.
• Registration for an event sponsored by VersaQuant
• Downloading collaterals from the Website
• Submitting an application to work at VersaQuant
• Sign up to receive alerts or other information via email, text or instant message from VersaQuant
• Request for sales calls, customer service, support requests or other assistance
• Website related communications, e.g. account verification; technical notification
• Participation in communities, commenting to blog entries and participation in other forums
• Any other place on the Website where you knowingly volunteer personal information
• In addition, when you interact with the Website, we may collect certain information that does not identify you individually and our servers may automatically keep an activity log of your use of our Website (“Non-Personal Information”). Generally, we collect and store the following categories of Non-Personal Information:
• Non-identifiable demographic data such as age, gender, and five-digit zip code as part of collecting personal information
• Device information about your computer, browser, mobile device, or other device that you use to access the Website. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information.
• Analytics and usage information about your use of the Website.
• Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring website addresses.
• Other information regarding your use of the Website.
• We may also gather and use information about you from publicly available third-party sources.
Collection of Your Source IP Address/Location Information
We may collect and store location information about you on the Website and associated with your account that you volunteer on the Website or enable through the Website or your device. We will not collect any location information that you do not volunteer or enable. We will delete any location information that you request is deleted. We do collect and store your device’s source IP address which may disclose the location of your device at the time you access the Website.
Tracking and Targeting
The Website will respect your browser’s Do Not Track signals (or other well-established, commercially available mechanisms that provide you with the ability to exercise choice regarding the collection of Personal Information). If we receive a Do Not Track notice, we will stop using any Personal Information for online behavioral advertising purposes. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
In some of our communications, we track clicks on links in the communications to content on the Website and in the Services to help us measure the effectiveness of our communications.
How Do We Use Your Information?
We use your personal information and other non-personal information, such as your location information, we learn from you to help us personalize and continually improve your experience on the Website. We may use your Personal and Non-Personal Information in the following ways:
To provide the Services
We use your personal information to provide, support, understand and improve the Services. As part of providing the Services we may send you service announcements, technical notices, updates, security alerts and support-related messages related to your account or transactions with us, through the Services or by email. We may also communicate with you in response to your support requests, questions, feedback or comments to a blog post, or to provide you with information about our policies.
To personalize the Services
We use the information we collect to personalize content and experiences on our Website, to better understand your interests, make personalized recommendations based on your interests or information and otherwise personalize your experience with the Services.
To send you marketing communications
If you use the Services, request information from us, or participate in our surveys, promotions or events, we may send you John Elliott-related marketing communications. You can always opt-out of these communications by following the opt-out instructions in the message or by contacting us.
To create anonymous data
We may create aggregated and other anonymous data from our users’ personal information. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties to operate, understand and improve our Services, to develop new services, and for other lawful business purposes.
For security, compliance, fraud prevention and safety
We may use your personal information as we believe appropriate to investigate or prevent violation of the law or our Terms of Service; to secure the Services; to protect our, your or others’ rights, privacy, safety or property; and to protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity. For example, we may use tools to scan your videos and other content in the Services for content that violates our Terms of Service or the law. We may also use the information we collect about your device to detect users violating our Terms of Service and prevent further violations.
For compliance with law; legal claims
We may use your personal information as we believe appropriate (a) to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) where permitted by law in connection with any legal investigation; and (c) to prosecute or defend legal claims.
With your consent
In some cases we may ask for your consent to collect, use or share your personal information with your consent. We use the information from one portion of the Website on other portions of the Website or elsewhere in our network of websites, apps, and other interactive features, or in reports and analysis, all of which are owned and operated by VersaQuant, and we may combine information gathered from multiple portions of the Website into a single customer record or analysis or report. We also use and/or combine information that we collect off-line or we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records.
How We Share Your Personal Information?
We do not disclose information about your Personal Information collected online to any companies not part of VersaQuant or its parent, subsidiaries or related entities. In no event will we sell or rent your Personal Information as part of a customer list or similar transaction.
Business Partners and Third Parties
We may share your Personal Information with our business partners from time to time. You may withdraw your consent to our sharing of your Personal Information with business partners and third parties at any time by following the opt-out process described below.
We have third party agents, subsidiaries and partners that perform functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc. These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Website.
For compliance with law; legal claims; security, compliance, fraud prevention and safety
We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend our rights or property, the Website or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website or the public. This includes exchanging information with other companies and organizations for fraud protection.
We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization, sale of assets or in the event of bankruptcy.
What Steps Are Taken To Keep Personal Information Secure?
We are concerned about ensuring the security of your Personal Information. We exercise great care in providing secure transmission of your information from your device to our servers. Personal Information collected by our Website are stored in secure operating environments that are not available to the public. Our security procedures mean that we may occasionally request proof of identity before we disclose your Personal Information to you. Please understand, however, that while we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
How Can We Transfer Your Personal Information?
Cross-Border Data Transfer
If we transfer your personal information out of the European Economic Area or Switzerland and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so. Such safeguards may include applying the European Commission Model contracts for the transfer of personal data to third countries described here (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en#international-data-transfers-using-model-contracts), or for transfers to third parties in the United States, ensuring they participate in the EU-U.S. Privacy Shield Framework or Swiss-U.S. Privacy Shield Framework. Please contact us for further information about any such transfers or the specific safeguards applied.
How Long Do We Keep Your Information?
Following termination or deactivation of your account, VersaQuant, its Clients, Affiliates, or its service providers may retain information (including your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes. If you have any questions about termination or deactivation of your account, please contact us directly at support@VersaQuant.com.
Social Media Widgets
What Happens When I Link To or From Another Website?
We may make available on the Website or in the Services, or link to, features that allow you to share information online (e.g., on message boards, in chat areas, in file uploads, through events, etc.). Please be aware that whenever you voluntarily disclose personal information online, that information becomes public and can be collected and used by others. We have no control over, and take no responsibility for, the use, storage or dissemination of such publicly-disclosed personal information. By posting personal information online in public forums, you may receive unsolicited messages from other parties.
The Services are not directed to anyone under the age of 16. A parent or guardian who becomes aware that his or her child under the age of 16 has used the Services may contact us at support@VersaQuant.com and we will attempt to delete the child’s personal information as soon as possible.
How Do I Opt-Out or Correct Information About Me
You may always opt-out of receiving future e-mail messages and newsletters from VersaQuant. We provide you with the opportunity to opt-out of receiving communications from us by going into your profile settings and choosing the appropriate options. To opt-out, you can also send us a message at support@VersaQuant.com. Please note, however, that you generally cannot opt-out of service related announcements, e.g. if the Website is temporarily suspended or if delivery of a product or service is delayed.
Cookies and Similar Technologies Notice
Last Updated: November 12, 2018
Cookies are small data files stored in your browser by a website. They transmit information about your use of the site to its operator or to third parties that placed the cookie. Some cookies are “session cookies” that expire when you close your browser, and others are “persistent cookies” that stay on your computer or mobile device until you delete them.
Our sites and applications use both session and persistent cookies to enable you to sign in and use our sites and applications, store your preferences and settings within them; analyze how they perform, personalize your experience with them, provide interest-based advertising, facilitate social media interaction and for other lawful purposes. We may also use other similar technologies for these purposes, such as web pixels that track browsing activity, social media widgets that facilitate interaction with social media platforms and unique device identifiers. In some cases, these cookies and similar technologies are used by third parties.
The cookies and similar technologies used in our sites are as follows:
Type Description Third Party
Essential Essential to provide you with services available through our sites and to enable you to use some of their features. We cannot provide the services our users request without them. None
Functionality Allow our sites to remember the choices you make when you use our sites. Intended to provide you with a more personal experience and to avoid you having to re-select your preferences every time you visit our sites. Marketo, Hubspot – personalization and forms
Google Tag Manager
Authentication Allow you to log into our sites by using your Google or Facebook account credentials. None
Analytics Collect information about traffic to our sites, and how our users use them, such as the number of visitors, the websites that referred them, the pages they visited, what time of day they visited, whether they have visited before, what features they used and other similar information. We use this information to help operate and improve our sites. Google Analytics. Learn more information about Google Analytics cookies here and about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our sites by downloading and installing the browser plugin available here.
VWO for A/B testing and behavior
Hotjar for behavior analytics
Segment for traffic analytics
Albacross for traffic analytic
Tealium for traffic analytics
Advertising Used by advertising companies to collect information about how you use our sites and other sites and applications over time. These companies use this information to show you ads they believe will be relevant to you within our sites and elsewhere, and to measure how the ads perform. Facebook Tracking Pixel
LinkedIn Tracking Pixel
Social Media Used by social media widgets that enable “like” buttons and allow you to share content within our sites and applications on social media. Your social media platform may be able to link information or actions about your interactions with our sites and applications to your account with them. LinkedIn
Please see your social media platform’s privacy policies for more details.
Disabling cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience on our sites. For example, you may not be able to store preferences in our sites. If you disable cookies, certain features of our website may not work.
California Civil Code Section 1798.83 permits customers of VersaQuant who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@VersaQuant.com.
For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu.
Terms & Conditions
VERSAQUANT.COM END USER LICENSE AGREEMENT
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING AN VERSAQUANT.COM ONLINE ACCOUNT OR THE VERSAQUANT.COM NATURAL LANGUAGE PROCESSING SERVICES. BY USING, APPLYING FOR, OR ACCEPTING THE SERVICES OR BY CLICKING ON “I AGREE TO TERMS AND CONDITIONS” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE AN VERSAQUANT.COM ONLINE ACCOUNT OR THE VERSAQUANT.COM NATURAL LANGUAGE PROCESSING SERVICES.
1.1 Grant of License. VERSAQUANT, Inc. (“VERSAQUANT”) grants to you a limited, non-exclusive, non-transferrable and revocable license to VERSAQUANT.COM online voice and natural language processing services as well as any documentation, files, or website information accompanying the services (“Services”) solely to the extent necessary for you to create a natural language interface that operates solely in connection with your devices (“Devices”) and/or software services/applications (“Applications”) Any violation of the terms of this Agreement shall automatically revoke the license granted herein.
1.2 Limited License Service. Services include basic services (“Basic Services”) provided free of charge and enhanced services (“Enhanced Services”), which, if available, must be purchased. The licenses granted herein are contingent upon VERSAQUANT’s receipt of the applicable license fees and taxes due for the Enhanced Services. Fees paid for Enhanced Services shall allow you to use Enhanced Services for the duration of the subscription service, as applicable, as selected by you during your registration of the Enhanced Services (“Subscription Period”). The fees owned for the use of the Enhanced Services are set forth on VERSAQUANT.COM’s website and are subject to change without notice. License fees may vary depending on the usage of the Services. These fees are owed regardless of whether or the Services is actually used. No refunds will be given for any unused Services or any early termination of the Subscription Period.
1.3 Trial, Evaluation, and Beta Services. If this Agreement pertains to a trial, beta, or evaluation license then the licenses granted under this Agreement will terminate upon the expiration or cancellation of the trial or evaluation period. You agree to use the Services and any services only for the duration of the trial or evaluation period and only for evaluation or testing purposes. All such licenses are limited to one per customer per promotion or beta test. 1.4 Restrictions. The licenses granted herein are only valid if:
(i) the Services are NOT modified in any manner;
(ii) all copyright and proprietary notices or labels in the Services are maintained in their original format;
(iii) the Services are only installed and used in accordance with your network security policies,
(iv) you posses the necessary authority and power to install the Services,
(v) you promptly pay all license fees when due,
(vi) this Agreement is accepted without any modification, and
(vii) you have not breached the terms of this Agreement in any manner.
1.5 Registration. The Services require registration or activation to be used properly. You agree to provide accurate and complete information on all registration forms. Failure to complete the registration or activation may limit your ability to use the Services or may disable the Services from functioning. When registering or activating Services, you may be required to select a username and password. Maintaining the confidentiality of this password and username is your responsibility, and VERSAQUANT is not responsible for any loss or damage arising from unauthorized access to your account or your failure to comply with this section. You are fully responsible for any activities that occur under your username even if unauthorized. You must notify VERSAQUANT immediately of any unauthorized use of your account.
1.6 Minimum Registration Age. By registering for VERSAQUANT.COM account, you agree that you are older than 13 years of age.
2.1 Limited License. The licenses granted herein are only for the purpose of allowing you to connect to and use the Services for your personal or internal business use. You will not use the services to perform natural language processing for any third parties.
2.2 Delivery. VERSAQUANT shall provide you with a web interface and an API protocol based interface necessary to use the Services (“Interface”). You agree to access the Services only through the Interface and will not create any derivative works of the Interface or the Services. You agree not to circumvent any limitations to the Services or Interface as implemented by VERSAQUANT.
2.3 Storage. When using this Services and the related services, VERSAQUANT will save a copy of each record you designate as requiring storage. The saved records will be transferred over the Internet to a server operated by VERSAQUANT or an affiliate or partner of VERSAQUANT. VERSAQUANT disclaims all liability for the Services, including any resulting from lost or compromised data. VERSAQUANT does not make any warranty that your data will be stored safely or securely. You give VERSAQUANT permission to transmit all records designated by you as requiring storage to a remote data center operated by VERSAQUANTor an affiliate or partner of VERSAQUANT, Inc. (“Storage Servers”).
2.4 Data Loss. VERSAQUANT, Inc. does not maintain a backup copy of the data stored on our servers and does not guarantee the information against loss or destruction. In the event that this Agreement is terminated, VERSAQUANT may in its sole discretion and without notice to you delete or deny access to the backed up data and such data or records will not be available to you. VERSAQUANT and its affiliates may retain (but shall have no obligation to retain) your data for a period of time after your subscription to the Services expires in order to allow you to renew the Subscription Period if desired.
2.5 File Deletion. VERSAQUANT does not maintain a copy of the data backed up to our servers and does not guarantee the information against loss or destruction. In the event that the licenses granted herein are revoked, lapse, or terminate, whether by you or by VERSAQUANT, including lapse of any trial or evaluation period, VERSAQUANT may, in its sole and absolute discretion, without notice to you, delete or deny access to the backed up data and such data or records will not be available to you. You agree that VERSAQUANT and its affiliates may retain (but shall have no obligation to retain) your data for a period after your trial or license has been terminated, expired, or otherwise lapsed, as part of VERSAQUANT’s marketing to you the opportunity to purchase, renew, or extend a license.
3.1 No Ownership Rights. The Services are being licensed, not sold. This Agreement does not grant any ownership rights to you and gives you only a limited license to use the Services during the term of the Agreement. The Services and all related intellectual property rights, whether under copyright, trade secret, patent, or trademark laws, are owned by VERSAQUANT and/or its licensors. VERSAQUANT may pursue all legal remedies for use of the Services in violation of this Agreement. No license is granted herein to resell, create derivative works, reverse engineer, repackage, or modify the Services. Use of the Services within your commercial enterprise for internal purposes is expressly allowed.
3.2 Copyright. The Services contains material that is protected by United States and foreign intellectual property laws, including copyright, trade secret, and patent law. All rights not granted to you herein are expressly reserved by VERSAQUANT. You may not remove any copyright or other proprietary notice of VERSAQUANT from any copy of the Services.
3.3 Modification. VERSAQUANT may modify or discontinue any of its Services or the related Services without notice. VERSAQUANT will provide notice of material changes to the Services or changes to this Agreement by posting such changes at VERSAQUANT.COM web-site which shall be your sole notice of such changes. You agree and acknowledge that you will periodically check the website to inform yourself of any such changes.
3.4 Submissions. In connection with the operation of the Services, VERSAQUANT receives, utilizes, and analyzes communications sent to VERSAQUANT and any of your stored records (“Submissions”). You retain ownership of your Submissions. However, notwithstanding anything to the contrary, you hereby grant VERSAQUANT a license to: (i) use and disclose your Submissions to provide the Services; (ii) use your Submissions for VERSAQUANT’s internal business purposes; (iii) disclose your Submissions as may be required by law or legal process; and (iv) otherwise use and disclose your Submissions in accordance with this Agreement. Without limiting the foregoing, you agree that VERSAQUANT is expressly and irrevocably authorized to utilize, analyze, modify, reproduce, publish, share, create derivative works of, or otherwise exercise all rights in your Submissions and any analytics, statistics or other data related to or derived from your Submissions and/or your use of the Services for any purpose, provided that such data is in aggregate and anonymized form ("Aggregate Data"). Subject to the records licenses, you acknowledge and agree that VERSAQUANT will exclusively own all right, title, and interest in and to all Aggregate Data and other output data generated by the VERSAQUANT.COM Services. Notwithstanding anything to the contrary, if you ever have any ownership interest in any Aggregate Data or output data, you hereby assign to VERSAQUANT all such right, title, and interest in and to such Aggregate Data and output data, including all intellectual property rights therein. You also hereby grant each user of the Services a non-exclusive license to access your Submissions in accordance with your account settings through the Services, and to use, reproduce, distribute, display and perform such records as permitted through the functionality of the Services and under this Agreement.
4.1 Fees. The fees for using the Enhanced Services are set forth on the VERSAQUANT.COM website which may be modified by VERSAQUANT. Continued use of the Enhanced Services and the non-termination of your account with VERSAQUANT.COM after fee changes are posted to the website constitutes your acceptance of the prices as modified. You agree to pay all fees fully and promptly.
4.2 Method of Payment. Basic Services are free. License fees for the Enhanced Services must be paid in advance. The credit card information provided to VERSAQUANT or a third party payment processor to pay for the Enhanced Services shall be automatically charged for the Enhanced Services upon renewal. In the event that VERSAQUANT or a third party payment processor is unable to bill the credit card on file or you request that VERSAQUANT not bill the credit card, you shall be solely responsible for any renewal payment required. In the event that payment is not made, the Enhanced Services and services may become unavailable to you and VERSAQUANT may terminate this Agreement without notice to you.
4.3 Rejected Charges. If any charges are rejected by your credit card issuer then VERSAQUANT may deactivate your account until payment is successfully received. VERSAQUANT may deactivate any account that has a disputed charge until VERSAQUANT, in its sole discretion, determines the dispute resolved.
4.4 Billing Issues. You must provide VERSAQUANT notice of any billing problems or disputes within sixty (60) days after they first appear on the statement you receive from your bank, credit card company, or other billing company. Failure to notify VERSAQUANT of the problem within the sixty (60) day period will result in your acceptance of the charges and you waive the right to dispute such problems or discrepancies. Failure to use your account will not be deemed a basis for refusing to pay any charges. VERSAQUANT does not provide any refunds for any Services.
5 Restrictions and Representations.
5.1 Lawful Use. The Services is solely for lawful purposes and use. You are responsible for ensuring that all use of the Services is in accordance with this Agreement. You are solely responsible for ensuring that your use of the Services complies with all applicable laws, statutes, ordinances, regulations, rules and other government authority. The Services is provided subject to this standard commercial agreement and qualifies as commercial computer Services within the meaning of the applicable government acquisition laws. Services shall not be used to display, support, develop, supply or market the physical effects of violence (including, without limitation, blood, gore and organs) on humans or human-like characters, explicit sexual content, sex crimes, disparagement of ethnic or religious groups, racial epithets, profane language or hate speech.
5.2 Compliance. You agree (1) not to interfere or disrupt networks connected to VERSAQUANT’s services; (2) to comply with all regulations, policies and procedures of networks connected to the services; (3) not to use the services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or any third party’s rights of publicity or privacy; (4) not to post, distribute, or otherwise make available or transmit any computer file that contains a virus, Trojan, adware, or other malware, (5) not to attempt to gain unauthorized access to other computer systems; (6) not to create an Application that functions substantially the same as the Services and offer it for use by third parties; and (7) not to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature.
5.3 Export. You represent and warranty that you are not located in and will not modify, export or re-export, either directly or indirectly, the Services to any country or entity under United States restrictions or to any country or entity subject to applicable trade sanctions. The United States restricted country and persons list is subject to change without notice from VERSAQUANT, and you must comply with the list as it exists in fact. VERSAQUANT SHALL NOT BE LIABLE FOR YOUR VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS, WHETHER UNDER UNITED STATES LAW OR FOREIGN LAW.
6 Disclaimer of Warranties.
6.1 Technical Support. Except as otherwise provided herein, VERSAQUANT is under no obligation to provide technical or customer support for the Services. You are solely responsible for properly installing and using the Services. You are responsible for the procurement of any hardware or services required to use the Services, including any computers, servers, or Internet access.
6.2 Use of Internet. The Services are provided over the Internet. As such, the Services are subject to the operation of the Internet and telecommunications infrastructures as well as the operation of your Internet connection services, all of which are beyond the control of VERSAQUANT. VERSAQUANT does not warrant that the services will be uninterrupted or that you will be able to access or use the Services at the location and times of your choosing.
6.3 Risk. THE SERVICES IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. ANY USE OF THE S ERVICES IS AT YOUR OWN RISK. THE SOFWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. VERSAQUANT DOES NOT WARRANT THE PERFORMANCE OF THE SERVICES, THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL OPERATE IN ACCORDANCE WITH ANY ACCOMPANYING DOCUMENTATION. VERSAQUANT IS NOT LIABLE FOR ANY DELETED, INACCESSIBLE, OR DISCLOSED DATA.
6.4 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VERSAQUANT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VERSAQUANT DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR NEEDS. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
6.5 Limitation. Some jurisdictions do not allow or limit the exclusion of warranties. In such jurisdiction, these provisions shall apply to you to the maximum extent allowed by law.
7 Limitation of Liability.
7.1 Special Cases. Nothing herein shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or its directors, officers, employees, contractors or agents, or in respect of fraud or of any statements made fraudulently by either party.
7.2 Responsibility. YOU ARE ULTIMATELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU AS A RESULT OF USING OR INSTALLING THE SERVICES. VERSAQUANT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF VERSAQUANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE DAMAGE WAS FORESEEABLE.
7.3 Limitation on Liability. EXCEPT AS STATED IN SECTION 7.1, VERSAQUANT AND ITS AFFILIATES, OFFICERS, LICENSORS, AND/OR CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, VERSAQUANT’S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW IN SUCH STATE.
7.4 Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE SERVICES OR RELATED SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL. VERSAQUANT DOES NOT ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH ITS SERVICES AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR DATA.
7.5 Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, all actions or claims relating to this Agreement must be brought within one (1) year from the date when the cause of action occurred.
8.1 Term. This Agreement is effective until terminated by you or by VERSAQUANT. Any Additional Services is licensed only for the Subscription Period selected during the registration or upgrade, which is generally a one-year term. The Subscription Period may be renewed by paying an additional license fee as set forth on the VERSAQUANT.COM website. This renewal fee may be charged automatically to the credit card used to initially pay for the Services.
8.2 Termination by You. Services may be terminated by notifying VERSAQUANT of your intent to terminate this Agreement. Notification of termination must be sent by email to support@VERSAQUANT.com. Your termination will be effective upon VERSAQUANT’s receipt and processing of the email. Processing may take up to 24 hours.
8.3 Termination by VERSAQUANT. VERSAQUANT may terminate this Agreement at any time and for any reason. VERSAQUANT may monitor its systems for excessive consumption of network resources and may take technical or other remedies deemed necessary to prevent or eliminate any excessive consumption. If VERSAQUANT deems your use to be excessive, VERSAQUANT may terminate your account or adjust the price of the Services.
8.4 Events Upon Termination. Upon termination, you must immediately cease using the Services. Upon termination, VERSAQUANT may disable further use of the Services or related Services without further notice and may delete, remove, and erase any account information and any data stored by VERSAQUANT. Such deletions are in VERSAQUANT’s sole discretion and may occur without notice to you. No refunds shall be given for any reason.
9 Branding and Attribution
9.1 Attribution. You agree to display any attribution(s) required by VERSAQUANT, Inc. as described in any documentation for the Services. Without limiting the foregoing, users of the Basic Services must display "Powered by VERSAQUANT.COM" and a link to VERSAQUANT.com on any Device or Application connected to the Services. VERSAQUANT grants to you a limited, freely revocable, nontransferable, nonsublicenseable, nonexclusive license during the term of your subscription to display VERSAQUANT.COM Marks solely for the purpose of promoting or advertising that your use the Services. You must only use the VERSAQUANT.COM Marks in accordance with these Terms. You understand and agree that VERSAQUANT has the sole discretion to determine whether your attribution(s) and use of VERSAQUANT.COM Marks is in accordance with the above requirements and any applicable guidelines.
9.2 Promotional and Marketing Use. In the course of promoting, marketing, or demonstrating the Services you are using, VERSAQUANT may produce and distribute incidental depictions, including screenshots, video, or other content from your Application or Device, and may use your company or product name and logos. You hereby grant VERSAQUANT all necessary rights for these purposes.
10 Indemnity. You agree to release, indemnify, defend and hold harmless VERSAQUANT and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of (a) your use or misuse of the Services, (b) your breach of this Agreement, or (c) your infringement upon any intellectual property or other proprietary right of any person or entity. VERSAQUANT may, at its own expense, assume the defense and control of any matter otherwise subject to indemnification by you. Doing so shall not excuse your indemnity obligations in this Agreement. The terms of this paragraph will survive any termination or cancellation of the Agreement.
11.2 Information Collection. VERSAQUANT may gather information related to the use of its Services. This information may include private data. VERSAQUANT may use this information to provide the services and share this information with others, improve its products, track geographical data, or enforce the terms of this Agreement. VERSAQUANT may disclose the collected information if required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, VERSAQUANT may share certain information with research organizations and other vendors.
11.3 Opt-Out. You agree that VERSAQUANT may communicate with you via email and any similar technology for any purpose relating to the Services. VERSAQUANT occasionally sends out informational emails about its products and services. You may ‘opt-out’ of receiving information not directly related to the Services you have installed or are using by emailing support@VERSAQUANT.com. If you do not opt out then your acceptance of this Agreement will constitute your affirmative consent to receiving marketing and promotional material from VERSAQUANT and its affiliates. Features of the Services that gather personal information can be disabled at any time by the user through the Services menu. Please refer to documentation accompanying the Services for assistance in doing so.
12 Governing Law. This Agreement shall be construed, interpreted and governed by the laws of the State of California without regard to conflicts of law provisions thereof. You agree that the exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in Santa Clara County, State of California, USA.
13 Severability. If a provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement will not be affected, impaired or invalidated. If the absence of the provision adversely affects the substantive rights of a party, the parties agree to replace the provision with a new provision that closely approximates the economic and proprietary results intended by the parties.
14 Force Majeure. Any delays in or failure by either party in the performance of any obligation under this Agreement shall be excused to the extent that such failure or delay is caused by occurrences beyond the party's reasonable control, including acts of God, storms, hurricane, earthquakes, riots, war (whether declared or not), sabotage, interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, and any other cause that cannot reasonably be foreseen or controlled by such party. A party will not be liable as result of failures or errors related to the use or operation of the Internet.
16 Waiver. No waiver, delay or discharge by a party will be valid unless in writing and signed by an authorized representative of the party against which its enforcement is sought. Neither the failure of either party to exercise any right of termination nor the waiver of any default will constitute a waiver of the rights granted in the Agreement with respect to any subsequent or other default.
17 Amendments. VERSAQUANT may amend this Agreement and the Services and related services offered under the Agreement in its sole discretion without notice, including license fees, availability, equipment and Services requirements, and limits or restrictions on the use of Services or services. VERSAQUANT may impose additional restraints on the use of the Services at any time. Any amendment made to this Agreement shall be posted on the VERSAQUANT.COM website and is effective immediately after posting the Agreement. The website posting shall be your sole notice of any such changes. You agree to check the VERSAQUANT.COM website periodically to obtain notice of any changes. Continued use of the Services after a change constitutes your acceptance of the change. Section headings are for convenience only and are not part of the Agreement itself.
18 Assignment. You may not assign or transfer, or purport to assign or transfer, any of your rights, duties, or obligations under the Agreement to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law, or otherwise. VERSAQUANT may assign or transfer this Agreement in its sole discretion.
19 Notices. All questions, notices, demands, or requests to VERSAQUANT with respect to this Agreement shall be made in writing to: VERSAQUANT, Inc., 443 Waverley Street, Palo Alto, CA 94301. All notices to you shall be made by posting the notice on the VERSAQUANT.COM website.
20 Survival. This Agreement shall be applicable for as long as you use the Services. All provisions regarding confidentiality, proprietary rights, limitation of liability, indemnity, and non-disclosure shall survive this Agreement.
21 Arbitration. To the extent permitted by law, before you may begin arbitration with respect to a dispute involving any aspect of this Agreement, you shall notify VERSAQUANT, and any other party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following:
21.1 Any unresolved dispute arising under the terms of this Agreement shall be decided by arbitration conducted through the services of the American Arbitration Association (hereinafter referred to as the “AAA”).
21.2 Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement. Arbitration hearings shall be held in the state of California at a location mutually agreeable to the parties.
21.3 There shall be one Arbitrator to hear the matter. The parties shall initially agree to a panel of three possible Arbitrators to hear the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until one remains. The party giving notice of the Arbitration demand shall be first to indicate its selection.
21.4 All costs of the Arbitration and the AAA shall be borne equally by both parties to this agreement, regardless of the final decision. The defaulting party as determined by the Arbitrator, shall pay all other costs and expenses, including reasonable attorney’s fees, incurred by the party in enforcing its rights under this Agreement.
21.5 You affirm that you are older than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these EULA, and to abide by and comply with these EULA.
22 Acceptance. BY USING, APPLYING FOR, OR ACCEPTING THE SERVICES YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO THIS AGREEMENT.