Welcome to AnalyticalPath.com (“Site”). This Site is operated by Analytical Path LLC (“AP”) a California limited liability company. By registering and/or using the Site and associated application program interface (API), You agree to be bound by these terms of use (“Agreement”). “You” as used in this Agreement refers to any use of this Site, whether such use occurs as a free user, paid subscriber, or evaluation participant. AP may modify these terms of use from time to time and may provide notification of any such modifications on our home page. Your continued use of the Site and API shall indicate Your acceptance of any modifications.

DISCLAIMER

Although AP believes the information provided on this Site is obtained from reliable sources, AP does not guarantee the accuracy, timeliness, thoroughness, and reliability of any information provided on this site for any purpose. To the extent permitted by law, information on this Site and use of its API is provided on an “as is” basis, without warranty of any kind, either express or implied. AP disclaims all warranties with regard to the operation or content of this Site, service, and API, and shall not be liable for damages of any kind, including, but not limited to, damage to computer hardware or software, inoperability of the Site, receipt of harmful and offensive Assets from Evaluation Participants, infringing Assets and/or integrity of the data or the content of the Site. Under no circumstances will AP be liable to You, whether in contract or tort, for direct, indirect, consequential, special, incidental damages or damages of any kind based on Your use of this Site and/or API or reliance on any information provided through this Site.

Notwithstanding the above disclaimers, should it be finally and judicially determined that AP is liable to You for any damages, the total liability shall not exceed the amount received by AP from You.

INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interest in the content, presentation, layout, images, source code, API, software development kit (SDK) and materials of this Site are the property of AP unless stated otherwise. You agree not to copy, publish, transmit, reproduce, decompile, disassemble, reverse engineer, or modify any portions of this Site, including but not limited to the API or associated SDK. Your authorized use of this Site is granted by AP on a non-exclusive, limited, revocable, and non-transferable basis.

AP, its abbreviations, and the AP logo are the trademarks and service marks of AP. Names or logos of third parties may be mentioned in this Site and such names or logos are the trademarks and service marks of their respective owners. Mention of a third party name or logo on this Site shall not imply or suggest partnership, approval, sponsorship, or endorsement of AP by any third party unless explicitly stated otherwise. You shall not use the marks of AP or any third party mentioned on this Site for any purpose, including, but not limited to metatags on other website pages, without the written permission of the owners.

If You feel this Site infringes the rights of any third party please contact AP immediately at the email address provided below.

SERVICE LEVEL/USE OF SITE

AP makes no guarantee that the Site or API will be operable or that data will be accessible at all times and AP may be required to temporarily take down the Site for purposes of Site maintenance or repair. AP may be excused from performing its obligations entirely if it is prevented from doing so for reasons that fall outside of its reasonable control such as flood, fire, natural disaster, or power outages.

You agree You will comply with all applicable laws when using the Site. With respect to any data, information, opinions, feedback, artwork, images, screenshots, text copy, and icons (“Assets”) provided by You to the Site, You warrant that You have full authority to transmit such data or information and any and all required third party authorizations have been obtained by You prior to Your transmittal of such information to this Site. Furthermore, You warrant You are at least 18 years of age and any registration information You have provided is truthful and accurate.

You acknowledge and agree that by pursuing AP’s Evaluation service as a developer, any Asset You submit shall be disclosed to third parties (“Evaluation Participants and/or Evaluators”) for purposes of receiving feedback, opinion, and/or evaluation. While AP’s Terms of Use prohibit Evaluation Participants from impersonating others, AP assumes no obligation in verifying the identities of Evaluation Participants. You shall bear sole and complete responsibility in protecting any intellectual property rights related to Your Assets and subscribing to the Evaluation service shall result in a public disclosure of your Assets. AP shall be under no obligation to assist You in enforcing any rights in Your Assets, regardless of whether or not an accused infringer is an Evaluation Participant or obtained access to Your Assets through the Evaluator program. AP does not request or obtain non-disclosure/confidentiality agreements from third parties to whom Your Assets will be disclosed to as part of the Evaluator program and You acknowledge and agree that such Assets may become publicly available.

As Evaluation Participant to the Evaluator program, You warrant and represent that You are not impersonating any other person and are participating in the Evaluator program solely on behalf of Yourself. You further warrant that any personal information You may provide AP is true and accurate. As Evaluation program Participant, You acknowledge and agree that any Assets You submit may be shared with a third-party or AP on an irrevocable, royalty-free basis. You shall not assert any claim, action, or suit against AP or third party related to AP or a third party’s use of Your Assets.

You acknowledge that AP may, at any time, revoke Your use of this Site for reasons, including, but not limited to, Your abuse or misuse of the Site or breach of any terms of this Agreement. AP reserves the right to pursue any legal remedies available to it for violations or breaches of this Agreement.

ASSETS

By using this Site, You agree that You will not submit any Asset that is abusive, hateful, unlawful, threatening, pornographic, libelous, knowingly false, deceptive of the intent of the Site’s purpose of conducting marketing research for legitimate app developers In the context of the Evaluator program, while creativity, thoughtfulness and candidness are encouraged, as a Evaluation Participant, you are expected to conduct Yourself with civility and respect in sharing Your opinions and feedback with respect to the Assets of another party. You shall be liable for and assume all consequences attributable to your submission of Assets. AP reserves the right to take-down or refuse to publish any Asset if in its sole determination, it views the Asset as inappropriate or in conflict with the mission and values of AP. AP may screen the Assets for publishing but assumes no obligation to do so.

INDEMNITY

You agree to indemnify, defend and hold harmless, AP, its members, officers, directors, and any employees, agents, representatives, affiliates, or third-party providers, against and from all claims, losses, expenses, damages, and costs, including attorney’s fees, resulting from any breach of this agreement by You.

REMEDIES

You agree that AP may be irreparably injured by a breach of this Agreement and that in addition to any other remedies available to it, AP may be entitled to seek equitable relief to prevent Your breach of any provision of this Agreement.

MISCELLANEOUS

This Agreement shall be governed by the laws of the State of California, except as it may be governed by United States federal law, and You consent to the exclusive jurisdiction of the state and federal courts sitting in Santa Clara County, California, and hereby waive any objection to personal jurisdiction or venue in such courts. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If You do not agree with any term of this Agreement, your only recourse shall be to terminate this Agreement and cease all use of the Site.

CONTACT

Any inquiries or comments should be made to: general@analyticalpath.com.