Terms Of Service For Teams
Last Update: December 15, 2020
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. The Services You are ordering are more fully described in the Order Form (defined below).
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. BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SERVICES.
IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF (AND FOR USE ON BEHALF OF) A COMPANY, GOVERNMENTAL ENTITY OR OTHER ENTITY (AN " ENTITY"), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS. THE TERM "YOU" REFERENCED HEREIN REFERS TO: (1) THE ENTITY, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES OR (2) YOU, AS AN INDIVIDUAL, IN THE CASE OF A NON-LEGAL ENTITY.
THE “EFFECTIVE DATE” FOR THESE TERMS IS THE EARLIER OF THE FIRST DATE OF ANY APPLICABLE ORDER FORM OR THE FIRST DAY YOU USE OR OTHERWISE ACCESS THE SERVICES.
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms at any time. We will notify you of such changes via email or via a prominent posting on the Site.
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 Site and the Services and to view Content made available via the Site and 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. Other than as expressly set forth in these Terms, no licenses or rights are granted to you by implication or otherwise.
Maven makes available certain Content via the Site and the Services. Content is subject to change at any time without notice. All Content provided by us through the Site and 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.
2. ORDERS AND FEES
The parties will execute an Order Form subject to these Terms detailing the scope and fees associated with Your subscription for the Services (an “Order Form”). Any conflict between these Terms and any Order Form shall be resolved in favor of the Order Form. Any terms or conditions appearing on any purchase order or other order document that are different from, or in addition to, the terms of these Terms will not be binding on Us, even if payment is accepted
By executing an Order Form, you agree to pay all fees and charges incurred in connection with your subscription. At the conclusion of your Initial Subscription Period, as identified in the Order Form, 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. Prices for our Services are subject to change at the start of each applicable renewal subscription period. Except as otherwise expressly set forth herein, no refunds will be granted.
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.
ACCOUNT REGISTRATION AND ADMINISTRATION
You agree to provide and maintain only true, accurate, current and complete information about yourself as part of your account. 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.
You designate administrators (“Administrators”) of Your account for the Services. These Administrators access and administer all active and inactive users within Your account, and assign User Licenses to users in order to permit users to access to the Services. You acknowledge and agree that the authorization of access to Your account is solely Your responsibility. You are responsible for authorizing new users and for removing users who should not have access. You are responsible for: (a) maintaining the confidentiality of the Administrators user names and passwords; (b) ensuring that all activities that occur in connection with Your account comply with these Terms; and (c) ensuring that all users comply with these Terms.
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 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.
You acknowledge and agree that the Services and Content are proprietary to Maven Analytics and its licensors and that Maven Analytics and/or its licensors retain exclusive ownership of the Services and Content, including all modifications, enhancements, derivatives, and other software, documentation and materials relating to the Services and Content (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies thereof.
You acknowledge and agree that both during the term of these Terms and thereafter, We may collect, generate, analyze, disclose, copy, and use anonymized or aggregated data, information, analysis, statistics, and data about Your or its users’ access and use of the Services, for any purpose (subject to Our compliance with applicable law and confidentiality obligations), including for the purpose of providing, operating, analyzing, and improving the Site, Content and Services, provided, however, that We shall not publicly disclose or distribute any such data unless such data is in an aggregated, anonymized form that would not permit a third party to identify the data as associated with You or any of Your User.
If you choose to voluntarily send us your ideas, suggestions, or enhancement requests with respect to how we may improve the Site, Services or Content ( “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.
You may elect to participate in Our MavenAnalytics.io course discussion boards or direct chat (“User Communities”). Your participation in any User Community is subject to our User Community Policies.
Certain aspects of our Services may require you to register with, and agree to the terms of, third party service providers in order to utilize such Services. We may also provide links or other access to other third party service providers as a convenience to you. Any use by you of the services of any third party service providers is at your sole risk. We have no liability whatsoever arising from or relating to your use of any such third party services, and we make no representations or warranties with respect to such third party services. Please be sure to read any terms and policies that may apply to the third party services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE, CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS.
LIMITATION OF LIABILITY
EXCEPT AS MAY ARISE OUT OF EITHER PARTY’S WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOSS OF PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS AND COSTS, IN CONNECTION WITH THE PERFORMANCE OF THE SITE, THE SERVICES, OR THE PERFORMANCE OF ANY OTHER OBLIGATIONS UNDER THESE TERMS, EVEN IF IT IS AWARE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES UNDER THESE TERMS, WHETHER ARISING BY STATUTE, CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE SERVICES FEES PAID BY YOU TO US UNDER THE APPLICABLE ORDER FORM FOR THE SERVICES WHICH FORM THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These Terms shall be in effect for one (1) year from the Effective Date, thereafter these Terms shall automatically renew for successive one (1) year periods unless otherwise terminated as set forth herein. If there are no active Order Forms in place between the parties, these Terms shall automatically terminate.
Either party may terminate these Terms or any Order Form (i) immediately in the event of a material breach of these Terms or any Order Form by the other party that is not cured within thirty (30) days of written notice thereof, or (ii) immediately if the other party ceases doing business or is the subject of a voluntary or involuntary bankruptcy, insolvency or similar proceeding, that is not dismissed within sixty (60) days of filing.
All rights and obligations of the parties which by their nature are reasonably intended to survive such termination or expiration will survive termination or expiration of these Terms.
Upon any termination or expiration of these Terms or any applicable Order Form, We shall no longer provide the applicable Content and Services to You and You and Your users shall cease using the Content and the Services. You will pay Us for all fees that had accrued prior to the termination date. Except as expressly provided herein, termination of these Terms by either party will be a nonexclusive remedy for breach and will be without prejudice to any other right or remedy of such party. Upon termination of these Terms, each party shall promptly return or destroy all Confidential Information of the other party in its possession.
During the term of these Terms, each party will regard any information provided to it by the other party and designated in writing as proprietary or confidential to be confidential (“Confidential Information”). Confidential Information shall also include information which, to a reasonable person familiar with the disclosing party’s business and the industry in which it operates, is of a confidential or proprietary nature. Maven Analytics’ Confidential Information includes, without limitation, the Services and the Content, and all pricing and subscription plans for the Services. The receiving party shall hold in confidence, and shall not disclose (or permit or suffer its personnel to disclose) any Confidential Information to any person or entity except to Customer Personnel, or either party’s director, officer, employee, outside consultant, or advisor (collectively “Representatives”) who have a need to know such Confidential Information in the course of the performance of their duties for the receiving party and who are bound by a duty of confidentiality no less protective of the disclosing party’s Confidential Information than these Terms. The receiving party and its Representatives shall use such Confidential Information only as permitted under these Terms and not for any other purpose. Each party accepts responsibility for the actions of its Representatives and shall protect the other party’s Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall use less than reasonable care. Information will not be deemed Confidential Information hereunder if such information: (i) is known prior to receipt from the disclosing party, without any obligation of confidentiality; (ii) becomes known to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise publicly available, except through a breach of these Terms; or (iv) is independently developed by the receiving party without use of the disclosing party’s Confidential Information. The receiving party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that it gives the disclosing party reasonable prior written notice to permit the disclosing party to contest such disclosure, and such disclosure is otherwise limited to the required disclosure. Notwithstanding any other provision of these Terms, both parties acknowledge that any use of the disclosing party’s Confidential Information in a manner inconsistent with the provisions of these Terms may cause the non-breaching party irreparable and immediate damage for which remedies other than equitable or injunctive relief may be inadequate. Therefore, both parties agree that, in addition to any other remedy to which the non-breaching party may be entitled hereunder, at law or equity, the non-breaching party shall be entitled to seek an injunction or injunctions to restrain such use in addition to other appropriate remedies available under applicable law.
These terms shall be governed by the laws of the Commonwealth of Massachusetts excluding its principles of conflicts of law and the applicability of the United Nations Convention on Contracts for the International Sale of Goods. Any legal action or proceeding with respect to these Terms shall be brought in the state or federal courts in Suffolk County, Massachusetts. By execution and delivery of these Terms, each of the parties hereto accepts for itself and in respect of its property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts. Each party knowingly, voluntarily, and intentionally waives (to the extent permitted by applicable law) any right the party may have to a trial by jury of any dispute arising under or relating to these Terms. Except for actions for non-payment or breach of a party’s intellectual property rights, no action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued.
We may include Your and logo in a list of Our customers, online or in promotional, sales or advertising materials. We may also verbally reference You as a customer of Our Services.
These Terms shall be binding upon and for the benefit of Maven Analytics, Customer and their permitted successors and assigns. Customer may assign these Terms and all Order Forms as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Except as expressly stated in these Terms, Customer may not otherwise assign its rights or delegate its duties under these Terms either in whole or in part without the prior written consent of Maven Analytics, and any attempted assignment or delegation without such consent will be void. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. We may use independent contractors or subcontractors to assist in the delivery of Services; provided, however, that We shall remain liable for the actions or omissions of such independent contractors or subcontractors and for the payment of their compensation.
Customer and Maven Analytics are independent contractors, and nothing in these Terms shall be construed as making them partners or creating the relationships of employer and employee, or principal and agent between them, for any purpose whatsoever. Neither party shall make any contracts, warranties or representations or assume or create any obligations, express or implied, in the other party’s name or on its behalf.
Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party.
MODIFICATIONS TO THE SERVICES
We may make modifications to the Site, Services or Content or particular components of the Site, Services or Content from time to time provided that such modifications do not materially degrade any functionality or features of the Site, Services and Content.
Any notice, approval, request, authorization, direction or other communication under these Terms shall be given in writing and shall be deemed to have been delivered and given for all purposes (i) on the delivery date if delivered personally to the party to whom the same is directed; (ii) one (1) business day after deposit with a nationally recognized overnight carrier, with written verification of receipt, (iii) five (5) business days after the mailing date whether or not actually received, if sent by U.S. certified mail, return receipt requested, postage and charges pre-paid or any other means of rapid mail delivery for which a receipt is available, to the address of the party set forth on the applicable Order Form, or (iv) with respect to notice by Maven to Customer, via email or by conspicuously posting the notice on our Site. Either party may change its address by giving written notice of such change to the other party.
NO THIRD PARTY BENEFICIARIES
Nothing contained in these Terms is intended or shall be construed to confer upon any person any rights, benefits or remedies of any kind or character whatsoever, or to create any obligation of a party to any such person.
WAIVER AND SEVERABILITY
Performance of any obligation required by a party hereunder may be waived only by a written waiver signed by an authorized representative of the other party, which waiver shall be effective only with respect to the specific obligation described therein. The failure of either party to exercise any of its rights under these Terms will not be deemed a waiver or forfeiture of such rights. The invalidity or unenforceability of one or more provisions of these Terms will not affect the validity or enforceability of any of the other provisions hereof, and these Terms will be construed in all respects as if such invalid or unenforceable provision(s) were omitted.
These Terms, including all linked documents referenced herein and all Order Forms, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. These Terms shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting these Terms in construing or interpreting the provisions hereof. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. 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: email@example.com
You may also reach us by mail at:
Maven Analytics, LLC 200 Portland Street., Floor 5 Boston MA 02114
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