AnalyticsExperts(sm) Terms of Service

Use of the Service

By accessing or purchasing from AnalyticsExperts by Epik One, Inc., you acknowledge that you have read, understand and agree to be bound by the AnalyticsExperts Terms of Service. Whenever applicable, you may use any AnalyticsExperts products and services for report data owned by you or otherwise under your management and control.

Use of AnalyticsExperts paid support and services require access to your Google Analytics, AdWords or Website Optimizer account(s). Data from these account(s)–which can only be accessed when granted by the customer–are not shared by AnalyticsExperts and is intended for your use only. In the event that you cancel or work is completed on a product, or service plan, you will be notified to remove our access from your Google Analytics, AdWords or Website Optimizer account(s).

Please note that Google Analytics, AdWords and Website Optimizer are trademarks of Google, Inc. and are not affiliated with AnalyticsExperts. Google, Inc. accepts no responsibility, liability and does not provide support to individuals choosing to use services or products offered by AnalyticsExperts. All inquiries regarding AnalyticsExperts should be submitted to: info@epikone.com

Whenever applicable, you shall not:

1. use our products or services to review data not owned by you or otherwise under your management and control, unless you have received permission from the person or entity who owns or otherwise has management and control of such data;
2. use our products or services to process or permit to be processed the data of a third party;
3. except as specifically set out above, use our products or services to publish, or provide to a third party, any results;
4. alter, merge, adapt, modify, translate, or create derivative works based on the product or service; or,
5. access the product or service with any automated software program unless you have been granted permission in written consent from Epik One, Inc.

No Additional Rights

You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of AnalyticsExperts. You are not authorized to use the AnalyticsExperts name or any of its trademarks in any manner whatsoever, absent prior written approval and instruction from Epik One, Inc.

Disclaimer of Warranties and Limitation of Liability

PRODUCTS, SUPPORT AND SERVICES (PAID OR FREE) ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE. ANALYTICSEXPERTS DOES NOT WARRANT THAT THE PRODUCT, SUPPORT OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WITHOUT DELAY. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT OR SERVICE. ANALYTICSEXPERTS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF ANALYTICEXPERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. ANALYTICSEXPERTS IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. ANALYTICSEXPERTS MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE US DOLLAR ($1 USD). THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Payment Terms

1. A valid credit card is required for payment of service. All services, training and support offerings require pre-payment.
2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
3. Online or phone credit card purchases are processed in a secure environment and appear as “EpikOne, Inc.” on your credit card statement.

Completed Service

1. Upon completion of your AnalyticsExperts paid service or support plan, you will be notified to remove our access from your Google Analytics account(s).
2. AnalyticsExperts reserves the right to stop or refuse service to anyone for any reason at any time.

Paid Support Plans

1. Support incidents are billed in twenty (20) minute increments (e.g. if it takes 17 minutes to resolve your ticket, 20 minutes is billed to your remaining support time.
2. Unused support time on hourly plans is available as needed until thirty (30) days for the 1 Hour Plan, six (6) months for the 3 Hour Plan), or one (1) year (for the 8 Hour Plan from date of purchase.
3. Month-ending unused support time on the Annual Support Plan does not rollover.
4. Unused support time is non-refundable and non-transferable.
5. Support requests must be made via the AnalyticExperts Online Ticketing System (login and password information is provided upon support plan purchase).
6. Support is available 9am-5pm Eastern Time, Monday-Friday.
7. initial response to a submitted ticket is within 24 hours. Tickets submitted on Fridays are responded to by the following Monday. In an initial response may not be a solution, but request for further information.

Modifications to the Service and Prices

1. AnalyticsExperts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice.
2. Prices of all Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the AnalyticsExperts website or in an notification email sent to customers.
3. AnalyticsExperts shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Modifications to Terms of Service

AnalyticsExperts reserves the right to update and change the Terms of Service from time to time without notice. Any new features or enhancements to the current Services shall be subject to the Terms of Service. Continued use of a Service after any such changes shall constitute your consent to such changes.

Inquiries regarding AnalyticsExperts Terms of Service can be directed to: info@epikone.com

Copyright 2008. AnalyticsExperts is a pending service mark of Epik One, Inc. All Rights Reserved.