We may make changes to the Agreement from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review the Agreement frequently and to remain informed of any changes to them. The then-current version of the Agreement will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Agreement.
To register for and create an account for our Services, you or any agent designated by you and operating on your behalf, must complete the registration process by providing DashRocks with the information prompted by the registration form, including your name, email address, company name, company website, and password. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date.
You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify DashRocks immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.
DashRocks may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on the DashRocks website or inside your DashRocks account.
Payment, Refunds, Upgrading and Downgrading Terms:
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. For any upgrade or downgrade in plan level, you will be asked to perform the payment with your credit card and you will be charged automatically with the new rate and billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. DashRocks does not accept any liability for such loss.
To cancel your account you can send the request from the Account Settings inside DashRocks account, and we will cancel your account in maximum 48 hours. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again for the next billing cycle.
Modifications to the Service and Prices
DashRocks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice Prices of all Services are subject to change. DashRocks shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Use of the Service includes supplying information drawn from a variety of data sources (individually “Data Source”, collectively “Data Sources”). The following are examples of the types of Data Sources you may connect to the Service. Some of these are supported now, and others are planned for future versions of the Service. Depending on your configuration, you may incorporate others not included in this list.
Google Analytics Google AdWords Facebook Twitter YouTube
You can unlink any Data Sources from DashRocks at any time. Unlinking Data Sources will not remove any cached data on the Service servers and infrastructure. Any inquiries to have personal data removed from the Service infrastructure should be submitted to firstname.lastname@example.org
Subject to any restrictions specified herein, you are permitted to connect Data Sources that are owned by you, or otherwise under your management and control, to your Service account. In addition, you may connect Data Sources that you do not own, provided that you have received permission from the person or entity that owns or otherwise has management and control of that Data Source. By connecting a particular Data Source to the Service you represent and warrant to the Company that the Data Source is either (a) owned by you or otherwise under your management or control; or (b) you have received permission from the person or entity that owns or otherwise has management or control of that Data Source to connect it to your use of the Service.
You will not use our Services to: (i) upload, post, email, or otherwise transmit any submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Services.
By posting any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material (“Material”) to the DashRocks Blog or Newsletter, you hereby grant DashRocks an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display, or create derivative works from all or any portion of the Material. You further represent and warrant that you own all rights to such Material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.
You agree to indemnify, hold harmless and (only if requested by DashRocks) defend DashRocks, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against DashRocks or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by DashRocks or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition of this Agreement, (b) your use of the Services, (c) your unauthorized use of the DashRocks Script. In such instances, DashRocks will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to DashRocks within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. DashRocks reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, DASHROCKS MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DASHROCKS WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE DashRocks OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. DashRocks’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $100 (USD).
DashRocks does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to DashRocks’ equipment or servers, (b) caused by outages to any public Internet backbones, networks or servers; (c) caused by any failures of your equipment, systems or local access services; or (d) relating to events beyond DashRocks’ control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where DashRocks or your servers are located or co-located.
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, DashRocks will stop providing, and You will stop accessing the Service; and You will unlink all Data Sources from DashRocks Scripts and certify thereto in writing to DashRocks within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees.
Recognizing the global nature of the Internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you operate or reside and to comply with any other local laws affecting the Services.