SiteKick Terms of Service
SiteKick Service. The SiteKick Service includes use of data from analytics providers for You and / or your clients. If you wish to register for the SiteKick Service, sign up as described on the Site. You must provide certain limited information about yourself as prompted to do so by the Service. We reserve the right to refuse access to the SiteKick Service to any user. When you elect to begin a full SiteKick Service account by choosing a plan and adding a credit card through our web application, SiteKick will automatically charge the credit card you provided or issue you an invoice for amounts due to us. You may also have the option to register for a full year of the SiteKick Service.
Subject to the terms and conditions of this Agreement, SiteKick grants to you (and you agree to comply with) a non-sublicensable, non-transferable, non-exclusive, revocable, limited license to use: (i) the Service and (ii) certain proprietary documentation in the form generally made available by SiteKick to you on the Site for use with the Software (the “Documentation”).
Your use of the Service shall be restricted pursuant to the terms and conditions of this Agreement. You agree to be responsible for the acts and/or omissions of any third party using the Service through your account. Other than as expressly granted above, no other rights are granted, including without limitation any and all SiteKick patents, copyrights, moral rights, trade secrets, trademarks, service marks, publicity rights, and other proprietary rights (whether or not perfected or perfectable) (“Intellectual Property Rights”). Nothing in this Agreement grants to you any rights whatsoever in or relating to the source code of the Software. All ownership rights, title, and Intellectual Property Rights in and to the Service shall remain in SiteKick and/or its licensors. You agree that SIteKick has the right to change, modify, add to, discontinue or retire any aspect or feature of the Service at any time without any obligation to give you notice of any changes. From time to time, SiteKick may, but is under no obligation to, release upgrades, fixes or new versions of the Service, although these upgrades may not be consistent across all platforms and devices.
You agree not to, or to allow others to: (i) adapt, alter, modify, decompile, translate, make derivative works, disassemble, or reverse engineer the Service, including without limitation, the source code and any other underlying ideas or algorithms of the Software (except to the extent applicable laws specifically prohibit such restriction or where in accordance with the API terms of service; (ii) copy the Software; (iii) transfer, sublicense, loan, sell, lease, use for timesharing or service bureau purposes, or otherwise commercially use or exploit the Service; or (iv) use the Service in violation of any applicable regulation or law; or (v) ship, divert, trans-ship, transfer, export or re-export the Service or any component thereof into any country or use it in any manner prohibited by any export control laws, restrictions, or regulations administered by the U.S. Commerce Department’s Bureau of Export Administration, the U.S. Department of Treasury’s Office of Foreign Assets Control or any other applicable government agency. You agree to:
By using the Service, you represent and warrant that:
Except with regard to a Free-Trial Period and any prepaid options, SiteKick bills its customers in advance on a monthly basis. All amounts due shall be paid in US dollars. Service fees are exclusive of all banking fees and all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such fees, taxes, levies, or duties (including any United States income (federal or state) taxes based upon your net income and arising from your use of the Service). In the event you withhold any portion of service fees due to payments to banks or taxing authorities outside the United States, SiteKick reserves the right to adjust the pricing of the Service so that you are responsible for payment to SiteKick of the full amount for the Service, net of any such withholdings.
Payments for SiteKick Service. If you register for the SiteKick Service, your credit card will be charged or invoices will be issued to you on a recurring monthly basis (except if you have chosen a prepaid option offered by SiteKick). SiteKick will not issue refunds for fees paid for a SiteKick Service account, even for periods of inactivity. Other than for prepaid options, SiteKick may change the price of the SiteKick Service upon notice to you. Such notice may be provided at any time by posting the changes to the Site. SiteKick will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the SiteKick Service.
SITEKICK MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE AND NONINFRINGEMENT. THE SERVICE IS PROVIDED BY SITEKICK AND ITS LICENSORS “AS IS” AND “AS AVAILABLE.” YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY HARM CAUSED BY VIRUSES, WORKS, OR OTHER DAMAGING MATERIALS. IN NO EVENT DOES SITEKICK GUARANTEE ANY RESULTS, INCREASED TRAFFIC, MORE REVENUE, OR USER ENGAGEMENT FOR YOU. SITEKICK DOES NOT WARRANT THAT THE SERVICE, OR ANY PORTION THEREOF, is ACCURATE, ERROR OR BUG-FREE, THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SERVICE’S OPERATION WILL NOT NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE. THIS SECTION 6 APPLIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. THE SERVICE IS OFFERED BY SITEKICK FROM THE UNITED STATES OF AMERICA. SITEKICK MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
WE HEREBY DISCLAIM ALL OTHERS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL SITEKICK AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATED TO OR ARISING FROM YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR USE OF THE SERVICE, ADVERTISEMENTS, UNAUTHORIZED ACCESS TO OUR SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN, OR SERVER UNAVAILABILITY, IN EACH CASE HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT AND WHETHER OR NOT SITEKICK WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR DESTRUCTIVE PROPERTIES OF THE SERVICE. IN NO EVENT SHALL SITEKICK’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL SUM OF MONIES PAID FROM YOU TO US AS CONSIDERATION FOR USE OF THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS SITEKICK, ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL DEMANDS, LIABILITIES, LOSSES, CLAIMS (INCLUDING THIRD-PARTY CLAIMS) AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF (i) YOUR USE OF THE SERVICE, (ii) DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, and (iii) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU. NOTWITHSTANDING THE FOREGOING, SITEKICK RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Unless otherwise specified in an applicable Work Order, the term of the license granted herein for the Service shall commence upon the earlier of (i) your work order implementation or (ii) your agreement to these Terms of Service and may be terminated as set forth herein. Upon termination of this Agreement, all licenses and any other rights and services provided by SiteKick to you in this Agreement shall cease immediately. Without limiting the other rights of termination referenced herein, We reserve the right to permanently or temporarily terminate, suspend, or otherwise refuse to permit your use of the Service without incurring liability as a result thereof, if in our sole determination, you violate, or are reasonably likely to violate, this Agreement, including without limitation, by your nonpayment of fees. Termination of this Agreement, any license granted hereunder, or your access to the Site, shall not limit Us from pursuing other remedies available to Us, including but not limited to injunctive relief.
Termination of SiteKick Service. If you are a SiteKick Service customer and have not registered for one of our long-term commitment options, you may terminate this Agreement at any time, in whole or in part, for any reason, provided that if you terminate, you shall be obligated to pay any fees accrued prior to the date of termination. You may terminate this Agreement by e-mailing SiteKick at email@example.com. We may terminate this Agreement at any time, in whole or in part, for any reason, and if we choose to do so, we will not be liable to pay you any refunds.