AUNALYTICS, INC. TERMS OF SERVICE 

The Terms of Service pertains to Aunalytics, Inc.’s (“Aunalytics”) current and future Website and all current and future services that it provides on or in connection with the Website.  

You accept and agree to be bound by the Terms of Service when you view or access Content or otherwise use the Website, without limitation.  By using this Website, a binding contract is formed between you and Aunalytics, as set forth in these Terms of Service.  

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE OR THE WEBSITE.  THE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION, A WAIVER OF CLASS ACTION RIGHTS AND A WAIVER OF A TRIAL BY JURY AS DETAILED BELOW.  

 

Acceptance of Terms of Service 

The Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Website in relation to a specific service or feature (collectively, “Terms of Service”) and the Privacy Policy, set forth the terms and conditions that apply to your use of the Website. By using the Website, you agree to comply with all of the terms and conditions. 

EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE WEBSITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH AUNALYTICS ON THE THEN APPLICABLE TERMS AND CONDITIONS. YOUR USE OF THE WEBSITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE THEN EXISTING TERMS FOR YOUR NEW USE AND TRANSACTIONS. 

If you do not agree to the Terms of Service, you should not access or use the Website. By using this Website you will be deemed to have irrevocably agreed to these Terms of Service. This is a general audience Website for adults. We will assume (and by using this Website you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). 

  

Changes to Terms of Service 

Aunalytics may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Website after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. You agree to be notified of changes to the Terms of Service via posting of updates on the Website. 

 

Changes to Website 

Aunalytics at its sole discretion may change or discontinue any aspect, service or feature of the Website at any time, including, but not limited to, content. 

 

Privacy Policy 

By using the Website, you agree to our Privacy Policy. The terms of the Privacy Policy are incorporated herein. 

  

Registration 

To access this Website, or some of the resources it has to offer, you may be asked to provide registration details and/or you may be given the opportunity to register via an online registration form to create a user account that may allow you to receive information from Aunalytics and/or to participate in certain features on the Website such as certain interactive areas.  It is a condition of use of these Website, and by registering you represent and warrant that all the information you provide are correct, current, and complete to the best of your knowledge. You agree to maintain and promptly update your registration information on the Website so that it remains current, complete and accurate. If we believe the details are not correct, current, or complete, we have the right to refuse you access to some or all of the Website and to terminate or suspend your account. Aunalytics will use the information you provide in accordance with the Privacy Policy. During the registration process, you may be required to choose a password and/or user name. Any usernames and passwords used for this Website are for individual use only. You acknowledge and agree that Aunalytics may rely on this password or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) or password(s). You are responsible for all use of your account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with the provisions of these Terms of Service. You agree to immediately notify Aunalytics of any unauthorized use of your password or account or any other breach of security. 

 

Permitted Uses 

This section details permitted uses and prohibited uses. This applies to you unless Aunalytics expressly grants you different Terms of Service by written contract. 

The Website contains material that is derived in whole or in part from material supplied and owned by Aunalytics as well as third parties (“Content”). Your use of the Website is limited to the access, viewing and downloading of Content, as solely authorized by Aunalytics. You may only use this Website and its Content for lawful purposes and in accordance with applicable law. 

Nothing in the Terms of Service shall be deemed to convey to you any license, right, title or interest in or to the Website or Content or to any portion thereof except for the limited rights expressly granted herein. 

When using the Website, you agree to comply with any and all third-party terms that are applicable to any platform, Website, technology or service that interacts with the Website. 

 

PROHIBITIONS – NO USE GRANTED FOR THE FOLLOWING: 

You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, patent or other proprietary notices marked on the Website or Content, (ii) any digital rights management (DRM) mechanism, device, or other content protection or access control measure associated with the Website or Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Website or Content. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the Website or any Content available via frames, and you may not otherwise surround or obfuscate the Content or Website with any third party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor or display Content or any portion of the Website. To the extent that Aunalytics makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another Website, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements including the graphical user interface, copyright notices, patent markings and trademarks; and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all photography, video quality and display functionality. 

You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Website or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Website or Content, whether for profit or not for profit. 

You are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. 

You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Website are the sole responsibility of the sender, not Aunalytics, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Website. 

 

Links By You To the Website 

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website and Content, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your Website do not suggest any affiliation with or endorsement by Aunalytics or cause any other confusion regarding your relationship to Aunalytics or its affiliates or to the Website, (c) the link must open in a new browser window and link to the full version of applicable Website webpage(s); and (d) the links and the content on your Website do not portray Aunalytics or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Aunalytics. Aunalytics reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party. 

 

Social Media Plug-Ins 

Social media plug-ins of social networks such as Facebook, Twitter, LinkedIn and Google Plus (and others) may be integrated on our Website. Where our Website contains a plug-in to a social network, these are clearly marked (e.g. with a Facebook® or Twitter® button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the webpage was used by you. If you interact with a social network plug-in (e.g. you press the Facebook® or LinkedIn® “Like” feature, the Twitter® “Tweet this” feature and Google® Plus “1+” button or equivalent) or add a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our Website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/Websites you follow etc.). 

If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit our Website. As with other Websites, you may be able delete any existing cookies placed on your computer by the social network via your browser. See our Privacy Policy to find out more about how our Websites contain plug-ins to social media networks. Aunalytics does not have control over the social media Websites, what data they collect, how they use it, or any of their terms of use. 

 

Mobile / Wireless Features 

The Website may offer certain features and services that are available to you via your wireless mobile device. These features and services may include the ability to access the Website’ features and upload content to the Website, receive messages from the Website, and download applications to your mobile device (collectively, “Mobile Features”). Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. Aunalytics has no responsibility or liability for any fees or charges you incur when using Mobile Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues. 

 

Terms of Mobile Features 

If you register for any Mobile Features then you agree that, in connection with those Mobile Features, we may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered via the Website for Mobile Features, then you agree to notify Aunalytics of any changes to your mobile contact information (including phone number) and update your accounts on the Website to reflect the changes. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

 

User Content 

The following terms apply to content submitted by users (“User Content”), and user conduct, on the Website’s interactive and community areas. 

 

Grant of Limited License 

If you post or upload any content to the Website (“User Content”) in a community forum, you automatically grant Aunalytics (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license, but not an obligation, to use, publish, modify, adapt, edit, translate, reproduce, publicly display, publicly perform, sublicense, distribute, incorporate into other works, and otherwise exploit, in whole or in part, in any form, media, technology now known or hereafter developed, including creating derivative works from, such User Content. Without in any way limiting the foregoing, you acknowledge and agree that Aunalytics, its licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Aunalytics under these Terms of Service. You acknowledge and agree that Aunalytics, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder. Nothing in these Terms of Service obligates or may be deemed to obligate Aunalytics or any other person or entity to exercise any of the rights granted by you under these Terms of Service. 

You represent and warrant to Aunalytics that you have the full legal right, power and authority to grant to Aunalytics the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Service, or infringe upon any rights, including infringement of anyone’s intellectual property rights, the right of privacy or right of publicity, constitute a libel or slander against, or violate any federal, state, common law or any other right of, or cause injury to, any person or entity. You further grant Aunalytics the right, but not the obligation, to pursue at law any person or entity that violates your or Aunalytics ‘s rights in the User Content by a breach of these Terms of Service. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Aunalytics or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Aunalytics, and its licensees, successors and assigns, from any claims that you could otherwise assert against Aunalytics by virtue of any such moral rights. You also permit any other users to access, view, store or reproduce the User Content for that user’s personal use. 

 

User Content – General 

Liability for User Content 

Aunalytics, its officers, directors, team members, representatives, subsidiaries and/or affiliates are not liable for any User Content, including without limitation its accuracy or decency, or opinions expressed in User Content. User Content does not reflect the views of Aunalytics. By allowing User Content to be submitted to the Website, Aunalytics does not endorse any User Content in any way. The user providing User Content is solely responsible for his/her own User Content. This means that you, and not Aunalytics, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the Website. 

 

No Privacy/No Confidential Relationship 

Please review our Privacy Policy. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Aunalytics and you by your submission of User Content to a community forum. User Content submitted by you will be considered non-confidential and Aunalytics is under no obligation to treat such User Content as proprietary information. You acknowledge that you have no expectation of privacy with regard to any User Content. 

 

No Notice 

You acknowledge and agree that your posting or submitting User Content to the Website does not constitute legal notice to Aunalytics of the User Content. 

 

Actions with User Content Once Submitted 

User Content will not be returned. Once you upload User Content, you may not be able to delete it. You agree that Aunalytics, its licensees, successors and/or assigns, shall have no obligation to attribute authorship to or give you or any third parties credit for User Content, but in their sole discretion may elect to do so. While we may offer you the ability to post User Content anonymously, your account information relating to your User Content is still stored by us. Other users may be able to request email notifications of your public User Content or publish their own comments to your comments. Aunalytics reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Aunalytics is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to Aunalytics in a community forum. 

 

No Payment 

You agree that Aunalytics will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content. 

 

Consent 

By posting User Content on the Website, you consent to the recording, use and reuse by Aunalytics, its licensees, successors and assigns. This includes consent to the use of your writings, images, videos, voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by Aunalytics, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Aunalytics Websites, or publicity. 

 

Monitoring 

Aunalytics does not investigate, monitor or check for accuracy, decency or completeness of User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent, or objectionable. Aunalytics has the right, but not the obligation, to monitor User Content posted or uploaded to the Website to determine compliance with these Terms of Service and to satisfy any law, regulation or authorized government request. During monitoring, any information relating to any user or their respective activities on the Website may be examined, recorded, copied, and used for authorized purposes, and Aunalytics may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law. Although Aunalytics has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Website, Aunalytics reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Website at any time and for any reason. You are solely responsible for creating backup copies of and replacing any content that you elect to post to the Website at your sole cost and expense. Aunalytics will not provide you with copies of User Content. The decision by Aunalytics to monitor, delete and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Aunalytics in connection with or arising from use by you of interactive areas on the Website. 

 

Ownership 

Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to your postings of User Content. To the extent your User Content contains other materials or elements owned by Aunalytics or any other affiliated organization, such as content protected by copyright, patent, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Aunalytics. 

 

Idea Submissions Prohibited 

Aunalytics does not accept unsolicited submissions for inventions, designs, works of art, logos, videos, Websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Aunalytics through the Website, including posts on any Website or any third party social network, or by e-mail, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to Aunalytics the right and license to the submission as User Content as specifically set forth herein. Aunalytics receipt of your ideas and materials is not an admission by Aunalytics of their novelty, priority, or originality, and it does not impair Aunalytics right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials. Aunalytics will not treat any such submissions as confidential. 

 

Interactive Areas 

The Website may contain comments sections, discussion forums, or other interactive features in which you may post or upload user-generated content, including but not limited to text, comments, images, video, photos, messages, other materials or items (collectively, “User Content”). 

Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on the Website, and fulfill the obligations set forth in these Terms of Service. 

 

You are solely responsible for your use of any Interactive Areas and you use them at your own risk. 

 

Community Guidelines 

By submitting any User Content or participating in an Interactive Area within or in connection with the Website, you agree to abide by the following rules of conduct: 

The Community Guidelines rules are a condition of your use of and access to the Website. You are responsible for the content of your communications. 

Basic guidelines: 

• Be decent. 
• Be respectful to others. 
• No illegal or harmful activity. 

• You are solely responsible for your conduct and content. 
• Aunalytics is not responsible for your conduct and your content. 

No uploading, posting or otherwise transmitting illegal User Content: 

• You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability. 
• You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Website users or posting private information about a third party. 

• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or any computer code or other harmful or disruptive component that is designed or intended to disrupt, damage, or limit the functioning of the Website, any Online Service, or to obtain unauthorized access to the Online Service or Content or any data or other information of any third party. 
• You agree not to upload, post or otherwise transmit unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate content of any kind, including without limitation, any images or other material of a sexual nature. 
• You may not use the Website, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. 
• You may not use any Website in connection with any Website or other use that contains or is associated with information or Content prohibited by this section. 

No uploading, posting or otherwise transmitting harmful User Content that: 

• Violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others. 
• Bullies, threatens, abuses, harasses, or invades the privacy of any third party. 
• You know to be false, misleading or inaccurate. 
• Impersonates or falsely states or otherwise misrepresents your professional or other affiliation with any other person or entity. 
• Contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity. 

• Contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd. 
• Violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them. 
• Advocates violent behavior. 
• Poses a reasonable threat to personal or public safety. 
• Contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes. 

• Is protected by copyright, patent, trademark, trade secret, right of publicity or other proprietary intellectual property right (collectively “intellectual property right”) without the express permission of the owner of such intellectual property right. The burden of determining that any User Content is not protected by intellectual property right rests with you. You shall be solely liable for any damage resulting from any infringement of such intellectual property right or any other harm resulting from such a submission. 
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Website. 
• You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by Aunalytics. 
• You agree not to impersonate any person or entity, including, but not limited to, Aunalytics or any Aunalytics team member, or falsely state or otherwise misrepresent your affiliation with any person or entity. 

No uploading, posting or otherwise transmitting User Content that: 

• Does not generally pertain to the designated topic or theme of any Interactive Area. 
• Contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.   
• Any conduct that in Aunalytics sole discretion restricts or inhibits anyone else from using or enjoying the Website will not be permitted. 
• You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf. 
• You agree not to represent or suggest, directly or indirectly, Aunalytics endorsement of User Content. 

• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use the Website, or access to the Website. 
• You agree not to interfere with or disrupt the Website or the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website. 
• You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf. 
• You agree not to collect information about other users of the Website in violation of our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, spam, or any other form of unauthorized solicitation. 

Any person determined by Aunalytics, in its sole discretion, to have violated these Community Guidelines, shall be barred from submitting or posting any further material on the Website. Aunalytics reserves the right in its sole discretion to remove or edit User Content by you and to terminate your account for any reason. 

Aunalytics does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Website. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, indecent, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks. 

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Website or seeking other legal or equitable remedies, once we become aware of any violation of these provisions. 

 

Children’s Online Privacy Protection Act Notification 

Aunalytics is not designed or intended for use by children under the age of 13. Pursuant to 47 U.S.C. Section 230(d) as amended, Aunalytics hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Website, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see the Privacy Policy. 

 

Third Party Content 

Aunalytics may be a licensee or distributor (and not a publisher or creator) of content supplied by third parties. In other instances, Aunalytics may provide hyperlinks or other identifying pointers or data to third party Content and/or to Websites of other persons or entities (“Third-Party Websites”). 

THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY AUNALYTICS. AUNALYTICS MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES. AUNALYTICS HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES. AUNALYTICS IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE WEBSITE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY AUNALYTICS. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY WEBSITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE WEBSITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE WEBSITES. 

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Website, are those of the respective author(s) or distributor(s) and not of Aunalytics. Neither Aunalytics nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. 

In many instances, the Content available through the Website represents the opinions and judgments of the respective user or information provider not under contract with Aunalytics. Aunalytics neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by any third party. Under no circumstances will Aunalytics be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on third party information obtained through the Website. Aunalytics is not responsible for any actions or inaction on your part based on third party information that is presented on the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other third party content available through the Website. 

Nothing in these Terms of Service is intended to give you license, ownership, title or interest to third party content. Rights to use any third party content are determined by the third party, such as by any terms of service published on its Website. 

 

Intellectual Property 

Aunalytics respects the intellectual property of others, and we require our users to do the same. This Website and materials incorporated by Aunalytics on this Website are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights owned or licensed by Aunalytics. 

As between Aunalytics and you, Aunalytics owns all right, title and interest in and to the copyrights, patents, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Website and Content. You acknowledge Aunalytics valid intellectual and proprietary property rights in the Website and Content. 

 

Trademarks 

Aunalytics owns all rights to its logos and trademarks used in connection with the Website. All other logos and trademarks appearing on the Website are the property of their respective owners. You are not granted a license to use any trademarks. 

 

Copyrights 

The Website contains copyrighted material, including, but not limited to, works of art, articles, text, software, photos, images, video, graphics, music and sound, and the entire Contents of the Website are copyrighted as a collective work under the United States copyright laws. Aunalytics owns copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Aunalytics and the copyright owner (if different from Aunalytics). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. 

Aunalytics, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Aunalytics accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement including the following information required by the Act: 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

1. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website; 

1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 

1. Information reasonably sufficient to permit us to contact the complaining party; 

1. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

1. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

For copyright inquiries under the Digital Millennium Copyright Act please contact: info@Aunalytics.com. In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: 

 

• Your name, address, telephone number, and e-mail address; 
• A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; 
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials; 

• Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Aunalytics to locate the material; 
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and 
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed. 

 

For web posting, reprint, transcript or licensing requests for Aunalytics material, please contact info@Aunalytics.com. 

 

Patents 

By accessing the Website, you are not granted any patent rights, nor a license to use any patents or patented inventions of Aunalytics beyond the specific limited uses granted in these Terms of Service. 

 

Equipment 

You are solely responsible for obtaining and maintaining all connectivity, devices, computer software, hardware and other equipment and all internet service provider, mobile service, and other services needed for access to and use of the Website and all charges related to them. 

 

Warranty  

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUNALYTICS, ITS LICENSEES, ASSIGNEES, AFFILIATES AND ANY OF THEIR RESPECTIVE TEAM MEMBERS, AGENTS, REPRESENTATIVES, THIRD PARTY CONTENT PROVIDERS AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AUNALYTICS DOES NOT WARRANT THAT THE WEBSITE, OR YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED; FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; MEET YOUR REQUIREMENTS; YIELD RELIABLE RESULTS; OR OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. AUNALYTICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

(C) AUNALYTICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY WEB WEBSITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. AUNALYTICS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. AUNALYTICS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE WEBSITE OR ANY OTHER WEB WEBSITE. 

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

THE WEBSITE MAY OFFER PUBLIC HEALTH AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE WEBSITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. AUNALYTICS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE WEBSITE. 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL AUNALYTICS, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITE, WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES OR WEBSITE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF AUNALYTICS OR ITS PRESENT OR FUTURE AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT AUNALYTICS AND/OR ITS PRESENT OR FUTURE AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES. 

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

Aunalytics makes no representation that content on the Website is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Website from other locations you do so on your own initiative and at your own risk. 

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside. 

Aunalytics disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Website, you acknowledge and agree to Aunalytics disclaimer of any such liability. If you do not agree, you should not access or use the Website. 

 

Indemnification 

You agree to defend, indemnify and hold harmless Aunalytics, its affiliates and their respective directors, officers, team members, representatives and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) the use of the Website by you or your Account, (b) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any User Content onto the Website; (c) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your Account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; and (d) any misrepresentation made by you in connection with your use of the Website. Aunalytics reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Aunalytics with such cooperation as is reasonably requested by Aunalytics. 

  

Termination 

Aunalytics may terminate or suspend these Terms of Service at any time without notice to you. Without limiting the foregoing, Aunalytics shall have the right to immediately terminate your account (or any part thereof) or use of the Website, or remove and discard any User Content or information stored, sent, or received via the Website without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Website, (ii) any unauthorized use of the Website, (iii) any violation of these Terms of Service, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Website. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the Website shall not affect any right or relief to which Aunalytics may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Aunalytics and its licensors and all rights granted by you to Aunalytics shall survive in perpetuity. 

 

Exclusion of Damages 

AUNALYTICS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF AUNALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AUNALYTICS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE OR ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING, AUNALYTICS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THESE TERMS OF SERVICE OR (2) CONTENT POSTED TO THE WEBSITE OR SERVICES BY YOU OR ANY THIRD PARTY. 

IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE WEBSITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR TEAM MEMBERS. 

 

Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits 

IN NO EVENT WILL AUNALYTICS AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE, SERVICES PROVIDED ON THE WEBSITE, OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO AUNALYTICS FOR USING THE WEBSITE AND ITS SERVICES IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, AUNALYTICS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE. 

 

Export Control 

Software from the Website may be subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Online Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

 

Binding Arbitration of All Disputes; No Class Relief 

This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. Aunalytics and you agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. You and Aunalytics agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. 

We agree that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website, or (ii) any data or information you may provide to Aunalytics or that Aunalytics may gather in connection with such use, interaction or transaction, you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website, you agree to binding arbitration as provided below. 

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Website, you agree that any complaint, dispute, or disagreement you may have against Aunalytics and/or its team members, officers, agents, affiliates, parent and subsidiaries, and any claim that Aunalytics may have against you, arising out of, relating to, or connected in any way with these Terms of Service or our Privacy Policy, shall be resolved exclusively by final and binding arbitration 

In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Website, Aunalytics or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Aunalytics by email to info@Aunalytics.com AND by U.S. Mail to Aunalytics worldwide corporate headquarters in South Bend, Indiana USA. To the extent that Aunalytics has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. Aunalytics and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Aunalytics and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Aunalytics or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Website. 

Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Aunalytics and you arising under these Terms of Service or in connection with your access to, and/or use of the Website, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Website shall not be subject to arbitration. 

You further agree that: 

(A) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in Section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable; 

(B) No Class Relief. The Arbitration can resolve only your and/or Aunalytics individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated; 

(C) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets; 

(D) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Aunalytics will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith; 

Aunalytics shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless Aunalytics is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Aunalytics and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Aunalytics and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Aunalytics and you understand that, absent this mandatory arbitration provision, Aunalytics and you would have the right to sue in court and have a jury trial. Aunalytics and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 

If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. 

You may choose to pursue your claim in small claims court where jurisdiction and venue over Aunalytics and you otherwise qualify for such small claims court and where your claim does not include a request for any type of equitable relief. 

(E) Reasonable Attorney’s Fees. In the event you recover an Award greater than Aunalytics last written settlement offer, the Arbitrator shall also have the right to include in the Award Aunalytics reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Aunalytics shall in all events bear its own attorneys’ fees; and 

(F) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Aunalytics shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction. 

(G) Non-U.S. Residents. For residents outside the United States, arbitration shall be initiated in South Bend, Indiana, and Aunalytics and you agree to submit to the personal jurisdiction of any state or federal court in South Bend, Indiana to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. 

(H) Single Arbitrator. The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org. 

(I) Opt Out. You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following Email address info@aunalytics.com AND by U.S. Mail to Aunalytics worldwide corporate headquarters in South Bend, Indiana USA. The notice must be sent within the later of 30 days of your first use of the Website or within 30 days of changes to this Section being announced on the Website, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Aunalytics also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Website will be deemed to be your irrevocable acceptance of these Terms of Service and any changes/updates to this section or otherwise. 

(J) If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Aunalytics and you agree to waive, to the fullest extent allowed by law, any trial by jury. 

(K) The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Aunalytics to the extent that any such claims arise out of your access to, and/or use of the Website. 

 

Dispute Resolution for Non-US Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law 

This applies to non-US Residents, where applicable law prohibits arbitration of disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Website, these Terms of Service, whether heretofore or hereafter arising or to any of Aunalytics actual or alleged intellectual property rights, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: by mail: Aunalytics worldwide corporate headquarters in South Bend, Indiana USA; By e-mail: info@aunalytics.com. 

For a period of sixty (60) days from the date of receipt of notice from the other party, Aunalytics and you will engage in a dialogue in order to attempt to resolve this dispute, though nothing will require either you or Aunalytics to resolve this dispute on terms with respect to which you and Aunalytics, in each of our sole discretion, are not comfortable. 

 

 Injunctive Relief 

The foregoing provisions of this section will not apply to any legal action taken by Aunalytics to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Website, any Content, your User Content and/or Aunalytics intellectual property rights, Aunalytics operations, products and/or services. 

 

Class Action Waiver 

Aunalytics and you agree that Aunalytics and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Service in connection with the Website will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Aunalytics and you further agree that Aunalytics and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Website. 

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court having jurisdiction for South Bend, Indiana. 

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of Aunalytics to the extent that any such claims arise out of your access to, and/or use of the Website, and/or the provision of content, services, and/or technology on or through the Website. 

 

User Disputes 

You are solely responsible for any interaction with other users of the Website, and Aunalytics reserves the right, but shall have no obligation, to monitor disputes between you and any other user. 

 

Notice for California Users 

Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. 

 

General 

Applicable law 

These Terms of Service, any Additional Terms and the relationship between you and Aunalytics shall be governed by the laws of the U.S. and the State of Indiana without regard to its conflicts of law provisions. 

 

Venue 

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in South Bend, Indiana and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. 

 

No Waiver 

No failure or delay by Aunalytics in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service. 

 

Severability 

Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. 

 

Limitation 

Neither Aunalytics nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. 

 

Limited Time to File Claims 

You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Website or other Website, or these Terms of Service, our Privacy Policy, or other Aunalytics transactions or relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

 

Paragraph and Section Titles are For Your Convenience 

The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect. 

 

This is the Entire Agreement 

These Terms of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. 

 

Assignment 

These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Aunalytics prior written consent.