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Terms of Use

These Terms of Use (the “Terms of Use”) govern your use of Webtrends Inc.’s (“Webtrends” or “we”) websites, (including webtrends.com), mobile sites, microsites or mobile applications and all related features, pages and sub-domains (such as our Blog, Communities, Login + Support sections and Forums as referenced below) (collectively, the “Site”). These Terms of Use do not apply to the purchase, access or use of any of Webtrends’ commercial products or services.

By accessing or using the Site, you accept these Terms of Use, so please read them carefully. If you are using the Site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. If you do not agree to all of these Terms of Use, do not use the Site. Webtrends reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Additional terms and conditions on the Site may apply to specific portions or features of the Site. Such terms and conditions supplement these Terms of Use and, along with our Privacy Statement (referenced below) are considered a part of these Terms of Use. To be clear, the Site may contain separate agreements that govern your use of certain portions or features of the Site, such as the Developer Network Terms and Conditions that apply specifically to your participation in the Webtrends Developer Network. These separate agreements apply to their subject matter, but they do not change your obligations with respect to the Site in general.

1. Materials & Ownership

The Site may contain information, software, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, video, pictures, content and other materials (collectively, “Materials”).

You may download Materials which provide information on Webtrends products and services (such as white papers, press releases, datasheets, and product documentation) which are made available by Webtrends for download from the Site. Copying or downloading Materials from this site does not transfer title to any material on this site to you, and you may do so on the following conditions: you (1) use Materials only for your personal, non-commercial informational purpose, and do not copy or post Materials on any networked computer or broadcast it in any media, (2) do not remove any proprietary notice language from any Materials, (3) make no modifications to any Materials, and (4) do not make any representation or warranties relating to any Materials. Except as expressly provided above, or as specifically permitted elsewhere on the Site, you may not use, reproduce, republish, post, transmit or distribute any Materials.

Webtrends and/or its licensors or suppliers own the Materials that Webtrends makes available through the Site, as well as the design, structure, selection, coordination, expression and arrangement of such Materials, and all intellectual property rights therein and thereto. All logos, trademarks, service marks or other business are the trademarks or registered trademarks of Webtrends Inc. or its subsidiaries in the United States and other jurisdictions (“Trademarks”). All other company and product names may be trademarks or registered trademarks of their respective companies.

The Materials and the Trademarks are protected by law, including copyright and trademark laws and other intellectual property laws, unfair competition laws and international treaties. Nothing on the Site shall be construed as conferring any license in Webtrends’ or its customers’ or suppliers’ intellectual property rights, whether by implication, estoppel or otherwise.

2. Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not reverse engineer or decompile any software or code accessed through the Site. Webtrends reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Webtrends server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

You agree not to exploit the Site or any service or information made available or offered by or through the Site in any way where the purpose is to reveal or discover anyone else’s information. You may not reverse look-up or trace any information on any other user of or visitor to the Site or any other customer of Webtrends to its source, or otherwise collect or seek to collect any personal or private information, including information about any Webtrends account not owned by you. You also agree not to use the Site to transmit any unauthorized advertising or similar materials (such as junk mail or spam) or to solicit any users of Webtrends’ products or services for commercial purposes.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Webtrends’ systems or networks, or any systems or networks connected to the Site or to Webtrends.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Webtrends on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Material for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Webtrends or others.

Access to the Site may be monitored by Webtrends, including to verify your compliance with these Terms of Use.

3. Passwords and Security

If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Webtrends immediately of any unauthorized use of your account or any other breach of security. Webtrends will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Webtrends or another party due to someone else using your account or password. You may not use anyone else’s account at any time.

4. Links to Third Party Web Sites

Links to third party websites on the Site are provided as a convenience to you. Such third party websites are not under Webtrends’ control, and Webtrends does not assume any responsibility or liability for any communications or materials available at such linked websites. Webtrends does not intend links on the Site to be referrals or endorsements of the linked entities or their products.

5. Privacy Statement

Webtrends is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy statement at http://webtrends.com/terms-policies/privacy-statement/ (“Privacy Statement”). By using the Site, you agree to our Privacy Statement. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

6. Note about Minors

Minors are not eligible to use the Site, and Webtrends asks that they do not submit any personal information to Webtrends. By using the Site, you represent that you are at least 18 years old.

7. Export Restrictions/Legal Compliance; International Use

Materials derived or obtained from the Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Materials from the Site to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, content, or direct product from the Site to prohibited countries and entities identified in the U.S. export regulations. By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all applicable local laws.

8. Contact Information

If you have any questions regarding these Terms of Use or the website, please contact Webtrends at webmaster@Webtrends.com.

9. Disclaimer of Warranty

THE SITE AND THE MATERIALS MADE AVAILABLE AT THE SITE OR DERIVED OR OBTAINED FROM THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Webtrends does not warrant that (1) the Site or Materials will meet your requirements, (2) the Site or any portion thereof will be uninterrupted, timely, secure, or error-free or that Webtrends will fix any errors, or (3) that Materials available on the Site will be accurate, up-to-date or complete. If you obtain or use any Materials, you do so at your own discretion and risk, and Webtrends is not responsible for any decisions you make based on the Materials. Webtrends is not responsible for any damage caused to your computer or data, or from any bugs, viruses, Trojan horses or other destructive or harmful code resulting from use of the Site or Materials.

Webtrends may make changes to the Materials at the Site, or to the products, services or prices described therein, at any time, and with or without notice.

The disclaimers above apply to the fullest extent permitted by applicable law. Some states do not allow exclusion of implied warranties, so some of the above disclaimers may not apply to you. You may also have other legal rights, which vary from state to state.

10. Limitation of Liability

IN NO EVENT WILL WEBTRENDS, ITS AFFILILATES SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, OR THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WEBTRENDSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF, AND WEBTRENDS SHALL NOT BE RESPONSIBLE FOR COST OF ANY PROCUREMENT OR SUBSTITUTE GOODS.

The limitations and exclusions above apply to the fullest extent permitted by applicable law. Some states do not allow the limitation of consequential, incidental, or other types of damages, so some of the above limitations may not apply to you. To the extent any court of competent jurisdiction does not permit the above disclaimers of direct damages, you hereby agree that the cumulative liability of Webtrends (and its suppliers, licensors, directors, investors, employees, agents and contractors) under these Terms of Use will be limited to one hundred dollars (US$100).

11. DMCA Policy

If you believe something on the Site violates your copyright, please provide notice to our copyright agent (identified below). Your notice must include the following information in the form required by 17 USC Section 512. Without this information, we will be unable to take action.

  1. A physical or electronic signature of a person authorized to act on behalf o the owner of the copyright you are alleging is being infringed;
  2. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
  6. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement:

Name: Suk Kim
Title: Vice President, General Counsel

Address: Webtrends Inc.
851 SW 6th Avenue, Suite 600
Portland, OR 97206

E-Mail: contracts@webtrends.com
Phone: 877-932-8736
Fax: 503-294-7130

12. Termination; Violation of these Terms of Use

You agree that Webtrends may, in its sole discretion, at any time terminate your access to the Site or delete your accounts or any Materials you have stored on the Site, including without limitation if you violate these Terms of Service or any applicable law. In particular, Webtrends respects the proprietary rights of others and if we find out that you have used the Site to infringe any copyrights or other third party proprietary rights, we may remove any of your materials from the Site or, if we determine that you are a repeat infringer, we may terminate all access you have to the Site. We consider a repeat infringer to be someone who has been notified of infringing activity more than twice or had their materials removed from the Site more than twice. To be clear, if Webtrends, in its sole discretion, takes any of the actions described in this paragraph: (1) Webtrends may, but has no obligation to, provide you notice, (2) you will not receive any refund for fees you may have paid through the Site, and (3) Webtrends will have no liability to you as a result of such action.

Webtrends may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Webtrends’ rights or property, or the rights or property of visitors to or users of the Site, including Webtrends’ customers. Webtrends reserves the right at all times to disclose any information that Webtrends deems necessary to comply with any applicable law, regulation, legal process or governmental request. Webtrends also may disclose your information when Webtrends determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Webtrends may preserve any transmittal or communication by you with Webtrends through the Site, and may also disclose such data if required to do so by law or Webtrends determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Webtrends, its employees, users of or visitors to the Site, and the public.

13. Indemnification

You agree to defend, indemnify and hold harmless Webtrends, its affiliate and its respective officers, directors, principals, employees, contractors, agents and affiliates harmless from and against any and all demands, claims, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising or resulting from your use or misuse of the Site or Materials or any associated services.

14. Forum Terms; User Materials

The following terms apply to your access to and usage of one or more Webtrends blogs, communities, and forums, or any other feature of the Site permitting the posting of Materials (“Forums”), in addition to these Terms of Use. You or a third party (“Users”) may post, submit, upload, link to or display (referred to as “posting”) materials on a Forum. Webtrends does not claim ownership of the materials you or any other User provides. By posting any material to a Forum, you grant Webtrends and our licensors, suppliers, licensees and all other Users a worldwide, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense (through multiple tiers), for no compensation and in any manner, form or medium, to (a) use, copy, distribute, transmit publically, publically perform, edit, translate, link to, frame, reformat, publish, transcode, display, modify and otherwise create derivative works of your materials, (b) display advertising on or in close association with your materials, and (c) publish your name in connection with your materials. If you do not agree to the foregoing license you should not post any materials on a Forum. For all material you post on a Forum, you represent and warrant that you have all rights necessary for you to grant the permissions in this Section 14.

In addition, you shall not post any material on or through a Forum, or otherwise engage in any conduct in connection with any Forum that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, business or entity, including Webtrends and its employees and agents;
  • contains any viruses, Trojan horses or other destructive or harmful code, or that could otherwise damage or harm anyone else or their systems; or
  • infringes or violates any intellectual property, privacy or other proprietary rights of any other party.

You agree that Webtrends is not liable for any material that is provided by any User of a Forum, whether you find it harmful, inaccurate, offensive or otherwise. We have no duty to pre-screen content, but we have the right to refuse to display, or to delete or to edit, submitted material. We reserve the right to remove any material for any reason, but we are not responsible for any failure or delay in removing such material.

If you post any materials through a Forum or otherwise through the Site, you acknowledge that such materials become public. Webtrends has no obligation to keep any such materials confidential.

15. Feedback

If you provide any Feedback to Webtrends, for example recommendations for improvements or features of the Site or any Webtrends products or services, implementation of that feedback is owned by us and may become part of our Site, products and services without compensation to you.

16. General Terms and Conditions

The Terms of Use constitute the entire agreement between you and Webtrends relating to your use and access of the Materials and the Site, and cancel and supersede any prior versions of the Terms of Use. Webtrends may from time to time modify these Terms of Use as described in the introduction language at the beginning of this document. No modification of these Terms of Use by you will be binding, unless in writing and signed by an authorized Webtrends representative.

Oregon law and controlling U.S. federal law govern any action related to the Terms of Use, the Site and/or your use of the Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms of Use. The Uniform Computer Information Transactions Act, as adopted or amended from time to time, will not apply to any dispute under the Terms of Use. You and Webtrends agree to submit to the personal and exclusive jurisdiction of the courts located within Multnomah County, Oregon, U.S.A. Upon termination or expiration of the Terms of Use, your right to access the Site or Materials ceases, but all other provisions of these Terms of Use will survive. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. You may not assign or transfer any of your rights or obligations under these Terms of Use; Webtrends may freely assign and transfer these Terms of Use. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

ANY LAWSUIT BROUGHT BY YOU UNDER THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO THE LAWSUIT. OTHERWISE, YOU AGREE ANY ACTION ARISING UNDER THESE TERMS OF USE WILL BE PERMANENTLY BARRED.

17. IF YOU ARE IN EUROPE, THE MIDDLE EAST OR AFRICA, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE FOLLOWING TERMS APPLY TO YOU:

If you are accessing the Site from Europe, the Middle East or Africa, all references to “Webtrends” in these Terms of Use mean WT EMEA Acquisition

Limited with its registered offices at Mallard Court, Market Square, Staines, Middlesex TW 18 4RH, United Kingdom. All matters arising out of or relating to these Terms of Use shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

If the laws of country in which you are located require that contracts be in the local language in order to be enforceable, the version of these Terms of Use that shall govern is the translated version of these Terms of Use in the local language that is produced by Webtrends within a reasonable time following your written request to Webtrends.

Revised: October 29, 2012