Terms Of Service
Last Update: November 8, 2019
This website (the "Site") is operated by Maven Analytics, LLC ("Maven"). The terms "we", "us" and "our" as used herein also refer to Maven. Maven provides its services to you through this Site, which includes access to certain proprietary videos and other materials ("Content"). The services, Content and this Site are collectively referred to herein as "Services". We provide the Services to you conditioned upon your acceptance of these terms of service (the "Terms"). Any new features or tools which may be added to the Services from time to time are also subject to these Terms.
**PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. **You must accept these Terms (including any additional terms and policies referenced here or available by hyperlink) in order to use the Services. These Terms apply to all users of the Services. The term "you" as referenced herein refers to you, as an individual. BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SERVICES.
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms at any time by posting updates and/or changes to the Site. You should review the most current version of the Terms periodically on the Site. We will use reasonable efforts to notify you via email or via a prominent posting on the Site, but it is your responsibility to check for changes. Your continued use of the Services following email notification, or the posting of any changes signifies that you accept the changes. If you do not agree to the changes, you should discontinue your use of the Services.
CLASS ACTION WAIVER
EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS.
You may browse the Site without registering for an account; however, you are required to register in order to access and use the Services. To register for an account, you must be 18 or over (old enough to form a binding contract in the jurisdiction in which you reside). If you are under 13 years of age, you may not use the Services. If you are under the age of majority in your jurisdiction (typically 18 years of age), you may use the Services only with the approval of your parent or guardian, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Services. You agree to provide and maintain only true, accurate, current and complete information about yourself as part of your account. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
You are responsible for your account and all the activity on it. You are responsible for maintaining the confidentiality of your password and account. We are not liable for any loss or damage arising from your failure to protect your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of which you are aware or suspect. We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any user or the Services at any time for any reason without liability. If your account is suspended from using the Services by us at any time, you are not eligible to use the Services under any account until we reinstate access to your suspended account.
FEES, PAYMENT AND CANCELLATION By using the Services, you agree to pay all fees and charges incurred in connection with your subscription. When you register for the Services, you have a free trial period of a specific number of days, as further described when you register for the Services. You may cancel the trial period at any time during the trial period through the "my accounts" link within your account. If you cancel during the trial period, you will not be billed for the Services. If you do not cancel during the trial period, we will automatically bill you beginning on the first day following the end of the trial period. At the conclusion of your initial subscription (1 month or 12 months), your subscription will automatically renew for successive terms equal in length to your initial subscription, and we will automatically bill you for the fees applicable to the renewal. If you are on an annual subscription, we will send you an email notification regarding your renewal prior to your renewal date. **You must terminate your subscription by cancelling through the "my accounts" link within your account prior to the end of your current subscription period. If your subscription has renewed for the next subscription period (whether monthly or annual), you may not cancel it until the end of that subscription period. **Some jurisdictions have mandatory laws applicable to cancellation rights, and this paragraph is not intended to override such laws. If you do not make your payments when due, we may suspend your account and your access to the Services.
No refunds for any Services Fees will be granted, unless required by applicable law.
All prices are shown in U.S. dollars. Prices for our Services are subject to change. If you are an existing subscriber, we will use commercially reasonable efforts to notify you of any pricing changes via email. Otherwise, pricing changes will be posted on the Site. All payments shall be made via credit card. You represent and warrant that you will not use a credit card unless you have all necessary legal authorization to do so. We are not responsible for any unauthorized amounts billed to your credit card by a third party
USE OF THE SERVICES AND CONTENT
Subject to your compliance with these Terms, and in consideration for the payment of applicable fees, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to view Content made available via the Services for your personal use only. This license may not be used by or for the benefit of any other person or third party. You are authorized to use the Services only during the subscription period that you register and pay for. You are responsible for procuring and maintaining the network connections that connect you to the Services. Other than as expressly set forth in these Terms, no licenses or rights are granted to you by implication or otherwise. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason at any time in our sole discretion.
Maven makes available certain Content via the Services. Content is subject to change at any time without notice. All Content provided by us through the Services is for your personal and non-commercial use only. All Content is provided for informational purposes only. No Content is intended to provide financial, legal, tax or other professional advice. The quality of the display of the Content may vary from device to device and may be affected by factors outside of our control, such as your internet connection and geographic location.
RESTRICTIONS ON USE
You shall not (and shall not permit others to): (a) copy the look-and-feel or functionality of the Services; (b) remove any proprietary notices, marks, labels, or logos from the Services; (c) change, alter, modify, decompile, disassemble, translate, reverse engineer, create derivative works, transfer, mirror or frame, sell, resell, rent, lease, distribute, perform, publish, sublicense, transfer or otherwise exploit the Services, the Content or any portion thereof; (d) you may not attempt to derive the source code or the inner workings of the Services or use the Services in order to create a competitive product or service; (e) you may not archive, download reproduce, duplicate, bootleg, or otherwise make any copies of the Services. This license does not allow you to distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not publicly perform the Services. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services. You may not use the Services for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In the using the Services, you warrant that you will not violate any international, federal, state or local laws, rules, regulations or ordinances. You will not infringe upon or violate any third party rights, including but not limited to intellectual property or proprietary rights. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind to the Services, or any code that will affect the functionality or accessibility of the Services. You will not use the Services to (a) submit false or misleading information (such as using a false e-mail address or pretending to be someone other than yourself); (b) collect or track the personal information of others or use any data mining, data gathering, or extraction method; (c) use any robot, spider, scraper or other automated means to access the Services; or (d) to interfere with or circumvent the security features of the Services. You will not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by the United States government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). A breach or violation of any Terms may result in an immediate termination or suspension of your ability to access the Services.
Our Services are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Services and Content.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect intellectual property rights. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material available on our Site or in the Services infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the Digital Millennium Copyright Act ("DMCA") by providing all the following information: (1) the full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor; (2) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works; (3) 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 (including URL(s) if possible); (4) your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you. Your notification must also include statements regarding the following: (A) You have good faith believe that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent or the law; and (B) the information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.
Please deliver the notification to: By Email: email@example.com By Mail: Maven Analytics LLC, 501 Boylston St., Floor 10, Boston MA 02116
If you send us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Feedback"), you agree that we may, at any time, without restriction fully exploit in any medium any Feedback that you provide to us. Feedback is not confidential. We are and shall be under no obligation (1) to pay compensation for any Feedback; or (2) to respond to any Feedback.
THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE. COMPLETE, OR RELIABLE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. WE MAKE NOT REPRESENTATIONS OR WARRANTIES REGARDING HOW THE CONTENT WILL APPEAR YOUR SPECIFIC DEVICE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
IN NO CASE SHALL MAVEN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE VIA THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE FEES PAID BY YOU IN ONE MONTH PERIOD IMMEDIATELY LEADING UP TO THE EVENTS GIVING RISE TO THE CLAIM.
You may stop using the Services at any time. We may suspend or terminate your use of the Services immediately and without liability to you if you violate these terms, or if your continued use of the Services would cause a risk of harm or loss to us, our other users, or any third party. You remain liable for your payment obligations made by you prior to any termination. Provisions which by their nature should survive termination of these Terms shall survive any such termination.
We may, in our sole discretion, decide to discontinue the Services. If we do so, we shall give you notice of such discontinuation and, as our sole liability for such discontinuation, refund any pre-paid fees for Services you have not received, if the discontinuation occurs before the end of any subscription for which you have paid.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. ("JAMS") RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed by you within one (1) year after such claim of action arose or be forever banned. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Massachusetts law. Your written notification must be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.
Except as otherwise stated herein, these Terms constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of Maven to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provision. These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. We will provide you notice via email, written notice, or by conspicuously posting the notice on our Site. In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
Questions about these Terms should be sent to: firstname.lastname@example.org
You may also reach us by mail at: Maven Analytics, LLC 501 Boylston St., Floor 10 Boston MA 02116
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