Terms of Service for Measured Search

Your use of Measured Search service is governed by this Terms of Service Agreement (the “User Agreement”). “Measured Search” means Measured Search, Inc. dba Measured Search and its subsidiaries or affiliates involved in providing the Service. The “Measured Search Services” means the services Measured Search makes available through this website, including this website, the Measured Search API, the Measured Search Dashboard, Add-ons, and any other software or services offered by Measured Search in connection to any of those.

You must be at least 18 (eighteen) years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

This agreement contains warranty disclaimers and other provisions that limits our liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing our service constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit out website imeediately and do you use, access and/or brows it further.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, you agree to use Measured Search Services only for the purposes intended as permitted by

  1. the terms of this User Agreement, and
  2. applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  1. In order to access Measured Search Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Measured Search Services. You agree that any information you provide will always be accurate, correct, and up to date.You are responsible for maintaining the confidentiality of any login information associated with any account you use to access Measured Search Services. Accordingly, you are responsible for all activities that occur under your account(s).
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access Measured Search Services. Accordingly, you are responsible for all activities that occur under your account(s).
  3. Accessing (or attempting to access) any of the Measured Search Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Measured Search Services through any unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with the Measured Search Services, including the servers and/or networks to which our resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Measured Search Services is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    3. Contains any type of unauthorized or unsolicited advertising;
    4. Impersonates any person or entity, including any Measured Search employees or representatives.
    We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  8. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any third party copyrights or trademarks, becomes the property of Measured Search, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use Measured Search Services. All information provided as part of our registration process is covered by our privacy policy.
  9. You agree to indemnify and hold harmless Measured Search, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Licenses

License from Measured Search

Measured Search gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Measured Search as part of the service. This license is for the sole purpose of enabling you to use of our service, in the manner permitted by this User Agreement.

You may not (and you may not permit anyone else to):

  1. copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Measured Search Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Measured Search, in writing or
  2. attempt to disable or circumvent any security mechanisms used by the Measured Search Services or any applications running on the Measured Search Services.

License from You

Measured Search claims no ownership or control over any of your Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Measured Search Services you give Measured Search a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling us to provide you with the Measured Search Services. Furthermore, by creating an Application through use of the Measured Search Services, you give Measured Search a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Measured Search to provide you with the Measured Search Services.

You hereby grant to Measured Search, and you agree to grant to Measured Search, a royalty-free, nonexclusive, irrevocable, limited right and license to access your registered web page(s) and to access and log

  1. any information concerning users' actions, entries, or activities on your web page(s),
  2. any information sent to you by users' web browsers concerning users' web activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or
  3. any data or other information you provide to Measured Search (collectively “Client Data”) for the purposes of
    1. providing you with reports and other functions related to the Measured Search Services;
    2. analyzing and improving the Measured Search Services; and/or
    3. compiling aggregate data derived from your use of the Measured Search Services to compile statistics, metrics, insights and general trend data about the Measured Search Services for, among other things, Measured Search' marketing and promotional purposes.

This information will be presented only in aggregate form, and in no event will we compile specific site data that identifies clients or clients' visitors without client permission

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Security

Your Measured Search account is protected by a username/email and password, and should be accessed only by you or authorized third parties. You should take steps to protect against unauthorized access to or use of your username and password. You should also remember to log off when using any shared computer or device.

Measured Search has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, high security public/private keys, encryption on processed data, and SSL encryption to protect transmission of data.

However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Client Data, information you provide to Measured Search, information we compile on your behalf, and/or information that we collect about you. Measured Search cannot guarantee the security of such information and is not responsible for unauthorized access to client accounts or Client Data.

Measured Search Limits Access to Your Information

Measured Search will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you except for the express purpose of generating reports which have been requested, authorized or approved by you, or unless acting under a good faith belief that such action is necessary to

  1. conform to legal requirements or comply with legal process;
  2. protect and defend the rights or property of Measured Search;
  3. enforce our agreements with clients and/or visitors to our Website;
  4. troubleshoot problems with the Measured Search Services; or
  5. create aggregate reports as set forth below.

Aggregate Reports

Measured Search reserves the right to aggregate certain categories of Client Data (such as internet browser usage and screen resolution) across some or all of the websites using the Measured Search Services for the purposes set forth in Section “Licenses from You”.

Limitation of Warranties

By using our website, you understand and agree that all Measured Search Services we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  1. The use of Measured Search Services will meet your needs or requirements.
  2. the use of our Measured Search Services will be uninterrupted, timely, secure or free from errors.
  3. the information obtained by using Measured Search Services will be accurate or reliable, and
  4. any defects in the operation or functionality of any Measured Search Services we provide will be repaired or corrected.Furthermore, you understand and agree that:
    1. any content downloaded or otherwise obtained through the use of Measured Search Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
    2. no information or advice, whether expressed, implied, oral or written, obtained by you from Measured Search, Inc. or through any Measured Search Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Measured Search, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using Measured Search Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a Corporation, Measured Search, Inc., doing business as Measured Search, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Measured Search, Inc.'s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Measured Search, Inc.'s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Measured Search, Inc.

Copyrights/Trademarks

All content and materials available on Measured Search, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Measured Search, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Measured Search, Inc.

Digital Millennium Copyright Act Compliance

Some features of this website permit users to post user-supplied content, which may include copyrighted works. Measured Search disclaims all responsibility for any user-supplied content posted on this website. Copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Measured Search if they have a good-faith belief that their protected works are being infringed. Measured Search will respond to all such notifications that are sent via mail, email, or fax to:

Measured Search, Inc.
Attn: Legal Department
2711 N. Sepulveda Blvd., #126, Manhattan Beach, CA 90266;
dmca@measuredsearch.com;
Fax: 18667770648

Please write “Infringing Content” on the envelope, in the subject line, or fax cover sheet to speed up processing of your request. To be effective, your notification to us must be in writing and include:

  1. An electronic or physical signature of the owner of an exclusive right that is allegedly infringed, or of a person authorized to act on behalf of the owner;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
  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 Measured Search to locate the material;
  4. Information reasonably sufficient to permit Measured Search to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of such notification, Measured Search shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Measured Search removes or disables access to such material, Measured Search will notify the party who posted the allegedly infringing material of its action. The party may then provide the Measured Search designated agent proper “counter-notification” stating his or her authority to post the allegedly infringing material, which Measured Search will forward to the alleged copyright owner.

An effective counter-notification must be sent via surface mail, email, or fax to the Measured Search agent designated above. The counter-notification must be in writing and include the following information:

  1. The party's name, address, and telephone number;

  2. The party's physical signature
  3. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;

  4. A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

  5. A statement that the party consents to the jurisdiction of the United States District Court in his or her district, or if the party resides in a foreign country, that he or she consents to jurisdiction in any United States District Court where Measured Search is subject to jurisdiction, and that the party will accept service if process originates from the alleged copyright owner who provided Measured Search with notification, or from an agent of such a person.

Upon receipt of effective counter-notification, Measured Search will inform the alleged copyright owner that Measured Search will re-post the removed material or cease disabling access to it in ten (10) to fourteen (14) business days unless the alleged copyright owner sends a second notification to the Measured Search agent designated above, stating that it has filed suit against the alleged infringer.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Measured Search Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Measured Search Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Measured Search, Inc. from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

Unless otherwise expressed, Measured Search expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditins of merchantability, fitness for a particular purpose and non‐infringement.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Severability

If any provision of this User Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

This User Agreement, together with Measured Search's Privacy Policy constitute the entire agreement between you and Measured Search in relation to your use of this website.

Changes to this User Agreement

Measured Search retains the discretion to amend or modify this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. If we make material changes we will notify you by posting a clear and prominent announcement on Measured Search or through a direct communication to your Measured Search account. Your continued access to or use of Measured Search Services after such modifications shall constitute acknowledgement and agreement to any amendments and/or modifications.

How to Contact Us

Measured Search welcomes any questions or comments about this User Agreement or our privacy practices. Any such comments or questions should be submitted via e‐mail to: support@measuredsearch.com.

Effective Date of this User Agreement

This Terms of Service is effective as of July 15, 2015.