UPDATED: April 27, 2017
Welcome to designingforanalytics.com (this “Site”). This Site is owned and operated by Designing for Analytics, LLC (collectively “DFA” or “Designing For Analytics,” “we,” “our,” or “us”) to provide information about our company, products, services, and policies (the “Content”). The Content shall be deemed to include all information offered on this Site including without limitation all documents, marketing and newsletter emails, images, videos and graphics. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using this Site.
Some products and services described on this Site or available through this Site (for example, DFA Consulting Services) are subject to other or additional terms and conditions (collectively, “Additional Terms”) as published on our website at designingforanalytics.com/legal. The Additional Terms include, but are not limited to, sales or service agreements, receipts, license agreements, supplementary user agreements, and our privacy policies. The Additional Terms are hereby incorporated by reference into these Terms (if there is any conflict between the Additional Terms and these Terms, the former shall prevail). DFA reserves the right to change these Terms, and/or the products, services, prices, and programs mentioned in this Site, at any time, at its sole discretion, without notice. DFA reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved.
If you are using this Site on behalf of your employer, you represent that you are authorized to accept these terms and conditions on your employer’s behalf. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Site under the active supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to use this Site or transmit or otherwise submit personal information to DFA.
- Any Content that is made available to download by or through this Site is the copyrighted work of Designing for Analytics, LLC and/or its suppliers. Use of the Content is governed by these website terms unless a separate agreement accompanies or is included with the Content (“License Agreement”). A user may be unable to access content that is accompanied by or includes a License Agreement, unless he or she first agrees to accept the terms of the License Agreement.WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH CONTENT.
- You may view, copy, and print Content expressly made available for download from this Site subject to the following: (a) the Content may be used solely for personal, informational, non-commercial purposes; and (b) the Content may not be modified or altered in any way. Except as expressly authorized by these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this Site in whole or in part. The Content specified above does not include the design or layout of this Site or any other DFA owned, operated, licensed, or controlled website including, without limitation data, text, software, photographs, graphics, video, or other materials. No logo, graphic, sound, image or video from any DFA website may be copied or retransmitted unless expressly permitted in writing by DFA.
- Elements of DFA websites are protected by trade dress, trademark, unfair competition, and other laws (“Trademarks”) and may not be copied or imitated in whole or in part. You agree that you will not use without DFA’s consent or make reference to any of DFA’s Trademarks unless expressly permitted in writing by DFA.
- DFA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THIS SITE FOR ANY PURPOSE. THIS SITE AND ALL ITS CONTENT ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND “AS IS” WITHOUT WARRANTY OF ANY KIND. DFA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE AND ALL ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- THIS SITE AND ITS CONTENT COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES ARE PERIODICALLY MADE TO THIS SITE. DFA AND/OR ITS RESPECTIVE SUPPLIERS MAY, BUT IS NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE OR ITS CONTENT AT ANY TIME.
- IN NO EVENT SHALL DFA OR ITS AFFILIATES, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER RESULTING FROM THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT OFFERED THROUGH THIS SITE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS SITE EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LINKS ON THIS SITE MAY DIRECT YOU TO OTHER WEBSITES THAT ARE NOT UNDER THE CONTROL OF DFA. DFA IS NOT RESPONSIBLE FOR THE CONTENTS OF SUCH OTHER WEBSITES OR ANY LINK CONTAINED IN SUCH SITES, OR ANY CHANGES OR UPDATES TO SUCH SITES. DFA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DFA OF THE LINKED SITE.
- DFA INCLUDING ITS EMPLOYEES, DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW OR IMPROVED PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY UNSOLICITED IDEAS, ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DFA’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DFA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, then regardless of what your communication says you agree that: (1) your submissions and their contents will automatically become the property of DFA, without any compensation to you; (2) DFA may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for DFA to review the submission; and (4) there is no obligation to keep any submissions CONFIDENTIAL.
- We reserve the right to release information to the proper authorities, as a result of a violation of these Terms, our standards, or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. Further, you agree that DFA may, in its sole discretion, at any time terminate your access to this Site and any account(s) you may have in connection with this Site. Access to this Site may be monitored by DFA.
- You agree to defend, indemnify and hold harmless DFA, its affiliates, shareholders, directors, officers, employees, agents, suppliers and licensors, from and against any claim, actions or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an “Action”) against DFA and/or each of its affiliates, directors, officers, agents, employees, or licensees (collectively, the “Indemnitee”) to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials or services provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms; and/or (3) your use of this Site, including the information, content, services, and/or products provided therein. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys’ fees incurred in defending and/or resolving such Action. The foregoing indemnification shall survive expiration or termination of this Agreement.
- These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in Massachusetts and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site you agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts.
- You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of DFA. You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign our rights and obligations under these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect.
- These Terms contain the entire agreement between you and DFA with respect to this Site and supersede all prior or contemporaneous agreements or understandings, whether electronic, oral or written, between you and DFA with respect to this Site. These Terms may only be modified, and a party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.