Terms of Use
MyRT is a web analytics service offered by AuriQ Systems, Inc (Hereafter referred as "AuriQ"). By using the MyRT Web site (the "Site"), related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use ("Terms of Use").
As a condition precedent to you being able to use any of the tools, functions and services provided to you by this Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this Site, or use any tools, functions or services that this Site offers, register as a user, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once.
Your license to use our software or any other tool or service that we provide may be revoked by us at any time with no prior notice to you.
Some services and tools that we may offer in the future will require payment. We reserve the right to modify at anytime without prior notice to you what services and tools we release as our "free" offering. As long as we offer our services and tools, we will always have a free version of our tools/services available, however, in the event that we close our site, discontinue all services, or sell or otherwise transfer the site to a third party or entity, all free services and tools may accordingly be discontinued at will by us or the third party or entity who may supersede our operation or ownership of our site.
Intellectual Property Provisions
All content provided within or via this Site is protected by various US and international copyright laws, patent
laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature
contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this
Site may not be "framed" or "mirrored". All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
Acceptable Use
You agree to use the Services and Tools made available by us for your personal use only. Subject to the restrictions set forth in
the following paragraphs, you may copy information from the Services only as necessary for your personal use to (a) view, (b) save, and (c) print, fax or e-mail it.
You agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Services.
Disclaimer Regarding Functionality
All content, tools, functions and services provided via this Site are provided on an "as is" and "where is" basis
and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and
non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any
of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented
herein this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.
Third Parties
If You use the Service on behalf of any Third Party, You represent and warrant that (a) You are authorized to act on behalf of,
and bind to this Agreement, that Third Party , (b) as between the Third Party and You, the Third Party owns any rights to Customer Data in the applicable account,
and (c) You shall not disclose Third Party's Customer Data to any other party without the Third Party's consent. You shall ensure that each Third Party is bound
by and abides by the terms of this Agreement. AuriQ and its wholly owned subsidiaries make no representations or warranties for the direct or indirect benefit of
any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to
AuriQ and its wholly owned subsidiaries, the Services or use thereof. You agree to indemnify, hold harmless and defend AuriQ and its wholly owned subsidiaries,
at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against AuriQ or any of its officers, directors, employees, agents
or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees
and other litigation expenses) incurred by AuriQ, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any
representations and warranties made by You concerning any aspect of the Service to Third Parties; (b) any claims made by or on behalf of any Third Party
pertaining directly or indirectly to Your use of the Service; (c) violations of Your obligations of privacy to any Third Party; and (d) any claims with respect
to acts or omissions of Third Parties in connection with the Services.
Restrictions
You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You agree not to
use the Services in any way that is unlawful, or harms AuriQ, its service providers, suppliers or any other user. You agree not to use the Services in any way
that breaches any code of conduct, policy or other notice on the Services.
Ownership
AuriQ retains all ownership and all rights to the MyRT service including logos, trademarks, software, trade secrets, databases, reports,
and Web site. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks from all of your Web sites and
other items.
Rebranding
Our service may be resold under a different brand by way of license being issued to such licensee. All restrictions, terms of services
and licenses issued by such licensees may not exceed the restrictions contained herewith. Any license or agreement issued by a rebranding party that exceeds the
scope or limitation of this Agreement void and shall be automatically superseded by this Agreement.
Limited License for Personal Use
You may never use any of the content of this Site for a commercial enterprise except as authorized by us or resell,
distribute or deal in any content, tool, software, or service provided to you within this Site. You may not use any tool or service provided for any usage or reason
outside of the intended usage of such tools and services as solely determined by AuriQ Systems.
Termination of Service
We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit.
We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account.
We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising
from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide
a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for
the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
Prohibited Content and Conduct
You may not:
- Engage in any conduct that is harmful to this Site or the business that operates this Site.
- Violate the civil rights of any third party or entity.
- Violate any law of any nature.
- Use our software for any purpose not expressly allowed by us.
- Violate our intellectual property rights.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this
site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the
hardware and software infrastructure of this Site.
Links to Third Party Sites
We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms
of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage
of such third party sites.
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this
Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental
or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of
this Site or any tool or service that we provide to you. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever.
Should you file any lawsuit against us, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you.
Jurisdiction
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of
California excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims
arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, California before J.A.M.S./ENDISPUTE
or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be
conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration
(the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms
and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties
fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an
arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment
on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its
successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration
Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or
evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be
confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the
terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from
applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this
site must be resolved through arbitration as set forth in this section.
Foreign Usage
We make no representation that the usage of this Site, or the content provided herein, will not violate the laws of your local
jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this Site from outside the United States of America (USA).
General Information
This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold
us harmless from any legal responsibility for such errors.
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.
Notice
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
Intellectual Property Notices
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any
other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
Headings
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.