These Terms of Use (the “Agreement”) governs the use of the tool known as the “Landing Page Analyzer” (the “Analyzer”), as provided by Unbounce Marketing Solutions, Inc. (“Unbounce”, “we”, “us”, or “our”) by any person or entity using the Analyzer (“you”).
This Agreement may be amended from time to time, without notice or notification. Use of the Analyzer constitutes your acceptance of the Agreement. When you accept this Agreement, you are also agreeing to our Privacy Policy which forms part of this Agreement.
You agree that the Analyzer is for evaluation purposes only.
THE ANALYZER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY.
UNBOUNCE MAKES NO GUARANTEES, REPRESENTATIONS OR CONDITIONS OF ANY KIND IN RESPECT OF THE ANALYZER OR OTHERWISE UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO GUARANTEES REGARDING THE NUMBER OF VISITS, VIEWS, OR CONVERSIONS ON ANY LANDING PAGE SUBMITTED TO THE ANALYZER.
UNBOUNCE HAS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY USE YOU MAKE OR DO NOT MAKE OF THE RESULTS PROVIDED BY THE ANALYZER OR BY UNBOUNCE. SHOULD CHANGES BE MADE TO YOUR LANDING PAGE BASED ON THE RESULTS OF THE ANALYZER, UNBOUNCE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY CONVERSION RATES DECREASING, REMAINING UNCHANGED, OR CHANGING IN A MANNER YOU DID OR DID NOT ANTICIPATE.
USE OF THE ANALYZER IS AT YOUR OWN RISK AND IS YOUR RESPONSIBILITY, AND UNBOUNCE IS NOT, AND WILL NOT BE HELD, LIABLE FOR YOUR USE OR MISUSE OF THE ANALYZER.
Unbounce makes no representations, warranties or conditions about the suitability, reliability, availability, timeliness, security, or accuracy of the Analyzer. Unbounce disclaims any warranty that the Analyzer will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Analyzer, the website on which it lives, and our servers are free of viruses or other harmful components. You agree that Unbounce may alter or remove the Analyzer (or any part of it) at any time for any reason, without notice or notification. You agree that you are not entitled to damages or any other form of compensation or relief should outages, delays, downtime, malfunctions, security or system breaches, or other interruptions of service occur, or should the Analyzer, its results, or changes made to a landing page submitted to the Analyzer fail to meet your expectations in any way.
TO THE FURTHER EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT DAMAGES, ECONOMIC LOSS, LOST REVENUE, LOST PROFIT OR LOST DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT, OR THE USE OF OR INABILITY TO USE, THE SOFTWARE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your exclusive remedy and our entire liability under this Agreement will be the correction of defects in the Analyzer, if any, made at our discretion.
You agree to comply with all applicable laws in using the Analyzer. You have, at all relevant times, the necessary permissions and consents to provide us the information you have submitted to, and to allow the submitted landing pages to be subject to, the Analyzer. You will indemnify us for any claim made against us by any third party for your use of the Analyzer.
The Analyzer’s software, services, the website on which the Analyzer lives, and Unbounce’s proprietary conversion benchmark data (and all intellectual property and other rights in them) are all Unbounce’s exclusive property. You agree not to copy, translate, or use the website or the Analyzer in whole or in part, to create derivative or competitive versions of the Analyzer, to republish conversion benchmark data, or to use conversion benchmark data to create conversion optimization tools. All our intellectual property is protected by United States, Canadian and international laws.
We may stop making the Analyzer available at any time without cost, charge, or liability. You agree that your use of the Analyzer does not create or constitute a customer relationship between you and Unbounce.
You agree that you will not bring a claim under or relating to this Agreement more than twelve (12) months from when your claim first arose.
In any dispute arising out of or related to the Analyzer or this Agreement, you hereby expressly give up: (I) your right to a trial by jury; and (II) your right to participate as a member of a class of claimants, in any lawsuit including, without limitation, class action lawsuits.
In any dispute between you and Unbounce relating to the Analyzer or this Agreement, you agree that the dispute shall be governed exclusively by the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.
Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with this Agreement will be referred to and resolved by arbitration. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada, and the language of arbitration will be English.
Subject to the requirement to mandatory arbitration, any claim, proceeding, or action that arises under this Agreement, or any dispute involving the ownership of intellectual property shall submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia. However, Unbounce may seek and obtain injunctive relief in any jurisdiction.
You agree that Unbounce may enforce this Agreement through injunctive relief and other equitable remedies, without proof of monetary damages.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, such decision will not invalidate the Agreement as a whole. Only that portion that is unlawful, void, or unenforceable will be stricken from this Agreement. You agree that if Unbounce does not exercise or enforce a legal right or remedy contained in the Agreement or under applicable law, this is not a waiver of Unbounce’s rights. Those rights or remedies will still be available to Unbounce should we choose to exercise them.
The Analyzer is not supported except at Unbounce’s sole discretion. You may contact Unbounce by email at support@unbounce.com, by telephone at 1-855-435-5151, or by mail at Unbounce Marketing Solutions Inc., 400 – 401 West Georgia Street, Vancouver, BC V6B 5A1, Canada.
Any ideas, suggestions, concepts or processes that you provides to us related to the Analyzer, or our company or business (“Feedback”) are our property without any compensation or other consideration payable to you, and you submit these of your own free will. We may or may not, in our sole discretion, use or incorporate any Feedback in whatever form or derivative we may decide into the Analyzer or any other product or service (or future versions or derivatives), our business or other products. You hereby irrevocably and unconditionally assign all right, title and interest to us in any Feedback and, as applicable, waive any moral rights or other non-assignable rights.
Notwithstanding any term to the contrary contained in this Agreement, any provision of this Agreement which ought reasonably to survive this Agreement shall survive any actual or purported termination or expiry of this Agreement, and continue in full force and effect.
This Agreement is the entire agreement between you and us relating to the Analyzer and supersedes and replaces any and all prior or contemporaneous agreements or communications on its subject matter. No modification to this Agreement will be binding, unless in writing and signed by a duly authorized representative of each party.