AGREEMENT TO TERMS
The Site and our Services are intended for Users who are at least eighteen (18) years old. Persons under the age of eighteen (18) are not permitted to use the Site or our Services.
CHANGES TO THESE TERMS
We reserve the right, in our sole and absolute discretion, with or without notice to you, to change the Terms of Service or other components of the User Agreement under which your enjoyment of the Services is governed. The most current version of the User Agreement will supersede all previous versions. We encourage you to periodically review the Terms of Service and other User Agreement documents to stay informed of our most current policies. As the Site is currently in the active development stage, these Terms are more likely to change frequently.
Our Services vary based on your User role. For example, if you are a Vendor, our Services may include allowing you to (i) create a User profile on the Site, (ii) respond to requests by Clients for more information about the services you provide, and (iii) engage with or be engaged by Clients.
If you are a Client, our services may include allowing you to (i) create a User profile on the Site, (ii) search for and discover Vendors whose services or other qualifications match, either in whole or in part, your search criteria, (iii) communicate with a Vendor, and (iv) engage a Vendor for purposes of providing services to you per any direct contractual arrangement you and the Vendor establish between yourselves.
Not all Vendors are Users of the Site. In the interest of providing Clients with a wide variety of vendors with whom they can engage, some Vendor profiles have been created by us using information readily and publicly available from other sources. We make no representations or warranties about any Vendor, regardless of whether they are also a User of the Site, or that Vendor’s business activities, qualifications, or fitness for any particular purpose.
RESPONSIBILITY FOR USER CONDUCT
While our Services and Site are designed to facilitate the engagement of Vendors by Clients, we do not screen or evaluate the demands of Clients or qualifications of Vendors, and we shall have no liability for the conduct of any Client or Vendor and the consequences or harms realized by any User or third party arising or resulting therefrom. For example and without limitation, we shall not be liable in the event that a Vendor (i) fails to provide the services for which a Client or third party engages them, (ii) provides services to a Client or third party that are inadequate, substandard, or otherwise unacceptable, or (iii) harms a Client, third party, or other Vendor through any act(s) or omission(s), regardless of whether the same are the result of negligence, gross negligence, recklessness, intentional misconduct, or otherwise. By using our Site and our Services, you understand and acknowledge that you may consult with your own legal counsel of choice prior to your use of the Site or receipt of the Services, and you agree that you shall be solely responsible for your conduct and the consequences thereof and that you shall release, defend, indemnify, and hold Us harmless from the same.
AnalyticsGenie does not employ Vendors. AnalyticsGenie is not responsible for and will not be liable for workers’ compensation insurance coverage or any tax payments or withholdings, including, without limitation, sales tax, unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with any Client’s or Vendor’s use of the Site.
VENDORS ARE INDEPENDENT BUSINESS OWNERS WHO MAY USE THE SITE TO CONTRACT DIRECTLY WITH CLIENTS. VENDORS ARE NOT AND SHALL NOT BE CONSTRUED AS EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT
VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF ANALYTICSGENIE. BY CONNECTING USERS WITH VENDORS, ANALYTICSGENIE OPERATES AS AN ONLINE MARKETPLACE.
YOU HEREBY ACKNOWLEDGE THAT ANALYTICSGENIE DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR ANY CLIENT’S OR VENDOR’S SOLICITATIONS OR WORK, AND ANALYTICSGENIE EXPRESSLY DISCLAIMS (TO THE GREATEST EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK OR SERVICES DEMANDED OR PERFORMED BY VENDORS IN ANY MANNER, INCLUDING, WITHOUT LIMITATION, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the Site to a particular Vendor being matched to a Client’s needs or preferences is not a representation of AnalyticsGenie. Rather, any such description is a representation of a Vendor that its experience, expertise, reach, following, or other qualifications align with the needs or wants of the searching Client. Any such description is not an endorsement, certification or guarantee by AnalyticsGenie of such Vendor’s skills or qualifications or whether they are insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the suitability of Vendors with whom they interact via the Site. The Site enables connections between Vendors and Clients to allow Clients to engage the services of Vendors. AnalyticsGenie is not responsible for the performance or communications of Vendors or Clients, nor does it have control over the quality, veracity, timing, legality, failure to provide, or any other aspect whatsoever of the information provided by Vendors or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Vendors or Clients, or of any ratings or reviews provided by Vendors or Clients with respect to each other. AnalyticsGenie makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the communications of or between Clients or Vendors identified through the Site, whether in public or private, via on- or off-line interactions, or otherwise howsoever. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship between you and Us is intended or created by these Terms of Service, the Services provided by Us, or your use of the Site.
The Services provided by Us assume the availability and willingness of both Clients and Vendors to communicate in a timely and professional manner with one another.
AnalyticsGenie cannot guarantee the responsiveness of any Client or Vendor and shall not be liable or responsible for the same.
AnalyticsGenie does not endorse any Vendors or Clients, and our allowance of any Client’s or Vendor’s use of the Site or presence thereon and our provision of Services to them does not constitute a recommendation or endorsement of that Client or Vendor, their qualifications, or their fitness for engagement. By using the Site and our Services, you agree to diligently investigate any Vendor or Client with whom you intend to communicate, engage, or provide services to. You further agree to release, defend, indemnify, and hold AnalyticsGenie (including, without limitation, AnalyticsGenie’s owners, agents, employees, contractors, and affiliates) harmless from and against and any all claims that may arise from your use of the Site and our Services and your engagement of or interaction with any other Vendor or Client.
PAYMENT AND FEES
Due to the nature of the Services by which we connect Clients and Vendors who, in turn, provide their own services, we cannot offer refunds on any amounts paid by Users. If you are dissatisfied with the Services or your experience with AnalyticsGenie, please contact our Customer Support team to discuss your options.
You agree to communicate with us in a timely manner about any charges, fees, or other amounts invoiced to you or charged to your provided payment method which you believe are in error. You further agree not to seek a chargeback on any credit card payments already made to us. In the event that you initiate a chargeback, you agree that we may initiate a chargeback fee of $100 in addition to any amounts incurred by us in collecting the amounts charged back.
ACCOUNT, SECURITY, AND PASSWORD
You must register and create a user account on the Site to make use of the Services. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Us for accessing the Site. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. AnalyticsGenie has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or if you suspect any other breach of security, you agree to notify Us immediately. By creating a profile on or through the Site, you agree that we may contact you by mail, phone, email, and/or text message, at our sole discretion. You may opt out of receiving text messages or update your communications preferences at any time by changing your preferences in your user profile on the Site or by contacting our Customer Support department.
You acknowledge that telephone calls to or from AnalyticsGenie, together with its subsidiaries, agents, affiliates, and assigns, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to AnalyticsGenie, our agents and affiliates, and Users, including, without limitation, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account, terminate any Services being provided to you, and/or prohibit you from future use of the Site or Services. Should any of your contact information change, you agree to immediately notify Us before the change becomes effective by updating your user profile on the Site.
By using the Site, you represent and warrant that: (1) you are a resident of the United States; (2) you are eighteen (18) years of age or older; (3) if registering a Vendor account, you have the legal authority to act on behalf of the business for which the Vendor account is intended; (4) all registration information you submit will be true, accurate, current, and complete; (5) you will maintain the accuracy of such information and promptly update such information as necessary; (6) you have the legal capacity and you agree to comply with these Terms of Service; (7) you will not use the Site through automated or non-human means, whether through a bot, script, or otherwise; (8) you will not use the Site for any illegal or unauthorized purpose; and (9) your use of the Site will not violate any laws or regulations applicable to the legal jurisdiction(s) in which you reside.
We retain the right to suspend or terminate your account on the Site and refuse any and all current or future use of the Site or (or any portion thereof) at any time and for any reason.
END USER LICENSE
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site, with such license to be construed strictly in accordance with these Terms of Service. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or their receipt of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included on the Site, such as text, graphics, logos, or images, as well as the compilation thereof, and any software used on or in the Site, is the property of AnalyticsGenie or its subsidiaries or affiliates and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on or in the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you may not delete or alter any proprietary rights or attribution notices in any content. You may use protected content solely for your personal use and will make no other use of the content without the express written permission of us and of the copyright owner. You agree that you are not acquiring any ownership rights in any protected content by use of the Site. We do not grant you any licenses, express or implied, to the intellectual property of AnalyticsGenie or our licensors except as expressly authorized by these Terms.
This license may be revoked by us at any time and for any reason, including, for example and without limitation, for failure to pay the agreed-upon price for the Services or for any other failure to abide by these Terms of Service.
USE OF COMMUNICATION SERVICES
We have no obligation to monitor user interactions with the Interactive Content. However, we reserve the right to review any submitted responses or replies to the Interactive Content and to either approve or deny approval of submissions before they are posted to the Interactive Content. We may also remove Interactive Content for any reason, at our sole and absolute discretion. We further reserve the right to terminate your access to the Interactive Content or any parts of the Interactive Content at any time, with or without notice, for any reason whatsoever.
THIRD PARTY ACCOUNTS
You may be able to connect your user account on the Site to accounts owned, hosted, or provided by third parties, including, for example and without limitation, LinkedIn, Twitter, Facebook, or Google+. By connecting your user account to any third-party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to those third parties. We cannot guarantee the responsible data handling of those third parties or their compliance with industry standards and applicable laws and regulations, including, for example, GDPR and CCPA. By using this feature, you are consenting to having your personal information and other data shared with these third parties and instructing us to do so. You may revoke this consent at any time by disabling this feature. We will, upon such revocation, cease sharing this data with the applicable third parties. We cannot verify or control the data retained by those third parties after such revocation.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Site and the Services. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason, including, for example and without limitation, for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use of or access to the Site or delete your user account and any communication or information that you provided at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account, whether under your real name or a pseudonym. Additionally, you may not create any user accounts on behalf of any third parties. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, for example and without limitation, pursuing civil, criminal, and injunctive remedies, in our sole and absolute discretion.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to, in our sole and absolute discretion, change or modify the Site, our Services, or the terms under which you may use either, or to suspend or discontinue the Site and our Services at any time or for any reason, with or without notice to you. AnalyticsGenie shall not be liable for any damages, whether actual, consequential, or otherwise, caused by or resulting from discontinuance of the Site or our Services.
We cannot guarantee the Site will remain fully available without interruption. We may experience hardware, software, or other problems or need to perform routine maintenance on the Site, resulting in interruptions, delays, or errors. To the fullest extent provided by law, you agree that we have no liability whatsoever for any loss, damage, or injury you experience due to your inability to use the Site as intended. Nothing in these Terms of Service shall obligate or be construed as obligating us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
There are many factors outside of our control that may affect your experience with the Site or Services. For example, a Vendor engaged by a Client may prove unable to satisfactorily provide services to that Client. To the fullest extent permitted by law, we disclaim all liability for any loss, damage, or injury you may experience resulting from any User’s interaction with or professional relationship with any other User or with a non-user Vendor, whether current or former, or from a User’s use of the Site or our Services in general.
These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to or arising out of these Terms of Service, your use of the Site, and/or the relationship between us (each a "Dispute" and collectively the “Disputes”) brought by either you or us (individually a “Party” and collectively the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations shall commence upon written notice from one Party to the other.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. EACH PARTY WAIVES THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL AND/OR JOIN CLAIMS WITH THE CLAIMS OF ANOTHER THROUGH THE USE OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). To the fullest extent permitted by law, your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Arbitration Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will provide a written decision along with their findings of fact and conclusions of law, if any. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Texas. Any judgment rendered through arbitration shall be binding upon the Parties and such judgment may be submitted to and entered in any court of competent jurisdiction.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class- action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party and (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
If this arbitration provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE SITE AND OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, OUR SERVICES, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR OUR SERVICES, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SITE OR OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE OR OUR SERVICES, AND (7) ANY COMMUNICATIONS OR MATERIALS SENT TO YOU BY ANY OTHER USER OF THE SITE.
LIMITATIONS OF LIABILITY
To the fullest extent provided by law, in no event will we or our owners, directors, employees, agents, or vendors be liable to you or any third party, including other Users, for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site or our Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You agree to release, defend, indemnify, and hold AnalyticsGenie (including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees) harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by you or any third party, including other Users, due to or arising out of: (1) your use of the Site or enjoyment or receipt of the Services, including any intentional, negligent, or reckless misuse thereof; (2) breach of these Terms of Service or any other agreement with us; (3) any breach of your representations and warranties set forth in these Terms of Service or other agreement with us; (4) your violation of the rights of a third party, including, for example and without limitation, intellectual property rights; (5) your failure to pay us or any third party (including, without limitation, Vendors or Clients with whom you contract) any amounts owed under these Terms of Service or any other agreement between you and such third party; or (6) any overt harmful act toward any other User or non-user Vendor with whom you connected, interacted, or engaged via the Site or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Creating an account on the Site, sending us emails, or completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether by email or SMS/MMS message, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
For complaints, questions, or more general inquiries, you may contact us at [email protected].