Unless otherwise agreed in writing, by using the Content AnalyticsInc. (Content Analytics) website or other services, I, (“Client”) agree to pay Content Analytics, Inc. for any and all analytics reports, work and research performed via the Content Analytics web site.
Client hereby agrees to indemnify and hold Content Analytics harmless from any expenses, claims, losses, costs, actions or damages, including reasonable attorneys’ feesarising out of or related to damage to or loss due to Client’s use of the site. Client agrees not to hold Content Analytics liable for any loss or damages to or destruction of any data used in conjunction with the web site. Any Client confidential materials must be clearly marked as such.
Content Analytics shall not be held liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, by the Client or any third party, whether in an action in contract or tort or strict liability or other legal theory, even if Content Analytics has been advised of the possibility of such damages. Content Analytics’s sole liability for any Claim or loss, damage or expense from any cause whatsoever arising out of or related to this agreement,shall in no event exceed sums actually paid to Content Analytics by Client for services or use of the software alleged to have caused the loss. Content Analytics shall not be liable for any failure or delay in performing its obligations hereunder, if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or labor disturbance, interruption of or delay in transportation, or inability to obtain raw materials, supplies or power used in, or the equipment needed for the provision of the obligations.
Client acknowledges that logging into the Content Analytics web site creates a complete and binding agreement between Client and Content Analytics and binds Client to the terms of service listed in this document in which all prior or contemporaneous agreements are merged. During the Term of this agreement, each instance of provision of services hereunder shall be subject to these Terms of Service. Content Analytics reserves the right to make changes to this Terms of Service agreement from time-to-time. Any such modifications made to it can be found on the current Content Analytics website.
This agreement is not assignable by Client. To the extent that any provision hereof is deemed unenforceable, all remaining provisions of this Agreement will not be affected thereby and will remain in full force and effect. All indemnifications and limitations on liability will survive any termination or expiration of this agreement. This agreement and any Claim related directly or indirectly to this agreement shall be governed and construed in accordance with the laws of the State of California (without giving regard to the conflicts of law provisions thereof). No such Claim shall be commenced, prosecuted or continued in any forum other than the courts of the State of California located in the County of San Francisco, and each of the parties hereby submits to the jurisdiction of such courts. Each of the parties hereby waives on behalf of itself and its successors and assigns any and all right to argue in any legal action that this choice of forum provision is or has become unreasonable.