Terms

Please Read These Terms Carefully Before Using this Service

AnalysisPlace.com is privately funded and managed by Hall Consulting & Research “HCR” and is supported by a network of partner specialists and service providers.

Introduction

AnalysisPlace.com website comprises of various web pages and is operated by HCR. Analysisplace.com develops and hosts Excel-based business and technology “tools”. By using this website and tools you have entered into an Agreement with Hall Consulting & Research.

1. Acceptance of Terms and conditions of Use

The contents on this website www.analysisplace.com (the "site") are provided by Hall Consulting & Research ("AnalysisPlace.com", “HCR”, “us” or “we”) as a service to its customers. By using this site and tools, you (“you”, “user”) agree to the following terms and conditions that we (“AnalysisPlace.com”) have provided. If you do not agree to them, do not use the site and do not proceed to register. Your use of the Service constitutes your agreement to all such Terms and Privacy Policy.

The following Terms govern your access to and use of the Service. This Service is offered to you conditioned on your acceptance without modification, of the terms, conditions, Privacy Policy and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the “Site” by AnalysisPlace.com (collectively, the "Terms").

2. The Service

AnalysisPlace.com has developed web based tools along with Excel-based tools like SaaS “Software-as-a-Service” tools, and hosts “managed” business and technology applications to improve decision-making and to articulate the business value (ROI) of products and services. The site enables users to use our free products, purchase premium services, post their own tools to our site, etc

A variety of models/tools benefit from being hosted on our platform, including: value-based sales tools, decision-making tools, ROI/TCO calculators, maturity models, proposal generators, business process simulators, etc.

Tool users benefit from being able to rapidly conduct credible assessments and to produce highly customized reports, such as business cases or proposals. Tool authors benefit from being able to publish tools that are cost-effective to develop, easy to manage, user friendly and highly effective at articulating the value of their products (value-based selling).

We provide an array of cost-effective services to help design, develop, publish, and support AnalysisPlace.com tools.

3. Modifications

3.1 Modifications of Service

HCR may modify or discontinue all or part of the service, temporarily or permanently at any time, including the availability of any Service feature, database or content, due to various reasons. HCR will try to avoid such an eventuality without intimating the User. HCR may also try to support or update the service. The amended Terms shall be effective immediately after they are initially posted on the Site. HCR may also restrict your access to parts or all of the Service without notice or liability. User's continued use of the Service after the posting of the amended Terms on the Site constitutes User's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that AnalysisPlace.com shall not be liable to User or any third party in the event that HCR exercises its right to modify or discontinue all or part of the Service.

3.2 Modifications of Agreement

HCR reserves the right to modify/change the Terms of Use and Privacy Policy, and notices under which the AnalysisPlace.com website and tools are offered and used with or without notice. Notification of changes in this Agreement may be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. Please check the website/mails periodically for updates/modifications done. If you do not agree to any modification, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

4. Privacy and Use of Information

We respect your privacy and the use and protection of your Personal Information. www.analysisplace.com collects certain personal information at the time of registration. Such information and data collected by us about Users and Members will be treated as confidential and protected and used by us in accordance with our privacy policy. You can review the most current version of our Privacy Policy at any time at: http://www.analysisplace.com/about/privacy.

5. Proprietary Information/Rights and Confidentiality

All contents of the AnalysisPlace.com website are copyrighted by Hall Consulting & Research LLC and/or its suppliers. All right, title and interest including, but not limited to, copyright, trademark, patents, trade secrets and other intellectual property rights in and to the software (including but not limited to all html, asp, VBA, graphic/image, and text files) are owned by Hall Consulting & Research. Such rights are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. You may only use or reproduce the content for your own personal and non-commercial use. Either the content or the Trade Mark may not be otherwise used for any purpose without the prior express written permission of HCR. You must abide by all copyright and Trade Mark notices, information and restrictions contained in any content on or accessed through this Site and maintain such notices in the content. HCR retains all rights not expressly granted herein. Any software you download from the Tool is governed by (i) the license terms accompanying the software or (ii) if no license terms accompany the software, the terms of your license agreement with HCR which accompanied the original product licensed to you.

Through use of the Service and/or Site, HCR may disclose or make available to the User Confidential Information (as defined below) which is proprietary to HCR, its partners, and users, in connection with the activities contemplated in this agreement. Information posted by AnalysisPlace.com, its partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. User agrees that during the Term of this Agreement and thereafter (a) it shall provide at a minimum, the same care to avoid disclosure of unauthorized use of confidential information as is provided to provide its own similar information, but in no event less than a reasonable standard of care; (b) it will use Confidential Information belonging to the other solely for the purposes of this Agreement and (c) it will not disclose Confidential Information belonging to HCR, its partners, and users to any third party without the express prior written consent of HCR. User will promptly return to the disclosing Party upon its request any Confidential Information disclosed by it.

AnalysisPlace.com will not monitor, edit, disclose, sell, rent, license, exchange, or release any of your personally identifiable information without your explicit consent unless AnalysisPlace.com has reason to believe that disclosing this information is necessary: (a) to conform to the edicts of law or comply with legal process served on AnalysisPlace.com; (b) to prevent injury to or interference with (either intentionally or unintentionally) the rights or property of HCR, its partners and users, or anyone else that could be harmed by such activities; or (c) to act under exigent circumstances to protect the personal safety of the users or the public. If AnalysisPlace.com transfers assets or has any change in control, user information may be transferred to the entity that acquires such assets or control of AnalysisPlace.com.

For purposes of this Agreement, "Confidential Information" means, with respect to AnalysisPlace.com , its partners, users, any and all information in written, representational, electronic, verbal or other form relating directly or indirectly to the present or potential business, operation or financial condition of AnalysisPlace.com (including, but not limited to, information identified as being proprietary and/or confidential, pricing, marketing plans, customer and supplier lists, service data, and any information which might reasonable be presumed to be proprietary or confidential in nature) excluding any such information which: (i) is known to the public (through no act or omission of AnalysisPlace.com in violation of this Agreement); (ii) is lawfully acquired by the user from an independent source having no obligation to maintain the confidentiality of such information; (iii) was known to the user prior to its disclosure under this Agreement; (iv) was independently developed by the user or (v) is required to be disclosed by governmental or judicial order.

 

6. Code of Conduct for Use of AnalysisPlace.com - you agree to use the Service in accordance with the following Code of Conduct:

6.1 You may NOT redistribute, sell, decompile, reverse engineer or disassemble the soft or attempt to extract the source code.

6.2 You may NOT obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the AnalysisPlace.com website.

6.3 You agree not to save or upload materials from our Service on any other storage device or prohibited File Host or online servers.

6.4 You may only modify portions of the product designated as "input" cells (light yellow cells).

6.5 You may incorporate only static (e.g. values, graphics) portions of this product within other documents. (e.g. a business case report) as long as the dynamic (e.g. equations, macros) functionality of the workbook is not also incorporated or duplicated.

6.6 You will not otherwise create any liability for AnalysisPlace.com or its affiliates.

 

7. Links to Third Party Sites

The AnalysisPlace.com website may contain links to other websites ("Linked Sites"). This content is the sole responsibility of the entity that makes it available. HCR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AnalysisPlace.com of the site or its provider or of any of the content, products, or services contained or offered therein or any association with its operators.

Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. You further agree that we have no liability whatsoever from such third party sites and your usage of them. AnalysisPlace.com is not responsible for the availability of these linked web sites.

8. Limitation of Liability

As a condition of use of the Service, and in consideration of the services provided by HCR , User agrees that neither HCR, nor any officer, affiliate, director, shareholder, agent, contractor or employee of HCR, will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content; including but not limited to any of the following:

a. Reliance. The use of the Service by the User, including but not limited to damages resulting from or arising from User's reliance on the Service, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, wrong deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Service;

b. Termination. The termination of the Service to the User by AnalysisPlace.com pursuant to these Terms;

c. Infringement. Any allegation, claim, suit, or other proceeding based upon a contention that the use of the Service or the Site by a User or a third party infringes or misappropriates the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party;

d. Force Majeure. Any delay or failure of AnalysisPlace.com, to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond AnalysisPlace.com’s control.

The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of HCR and its affiliates, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, AnalysisPlace.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE AnalysisPlace.com SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FAILURE OF THE SITE TO STORE USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF AnalysisPlace.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF AnalysisPlace.com AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE DURING THE PREVIOUS 6 MONTHS. YOU HEREBY RELEASE AnalysisPlace.com FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

9. Disclaimer

HCR is constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

The provided tools are intended to help guide organizations in better understanding approximate/ potential costs and benefits. The SaaS offering provided by our tools depends on other company solutions, esp. Microsoft’s Excel Web App. If those systems are significantly changed or discontinued or go down, it will cause our solution to stop working. Due to limitations of simulation tools, actual results may differ significantly than results estimated in this tool. Investment decisions should not be based on the results of this model alone -- it is not intended to be a substitute for professional advice. The tools are for informational and internal purposes only and are predicated on current market conditions, pricing, assumptions and other modeling factors. There is no guarantee of the accuracy generated by the tools.

This information is provided to you as a tool "as is" with the understanding that there are no representations or warranties of any kind either express or implied.

Reports generated by the tool are for informational purposes only. HCR, its partners, and suppliers MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE INFORMATION IN THE REPORTS.

Complying with all applicable copyright laws is the responsibility of the user. HCR may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. Except, as expressly provided in any written license agreement from HCR, the furnishing of this document does not grant you any license to these patents, trademarks, copyrights, or other intellectual property. All derivative works must maintain copyright and other appropriate notices.

In no event shall HCR or suppliers be liable for any damages, including those arising as a result of HCR or supplier negligence, whether those damages are direct, consequential, incidental, or special, flowing from your use of or inability to use the tool, or information provided herewith, or results of the tool's use, even if HCR or suppliers has been advised of the possibility of such damages.

10. Warranties

HCR AND/OR ITS SUPPLIERS MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND, TO THE MAXIMUM EXTENT ALLOWED BY THE GOVERNING LAW, DISCLAIMS ALL LIABILITY, FOR ANY ERRORS OR OMISSIONS, AND FOR THE ACCURACY OF ANY INFORMATION, OUTPUT OR RESULTS, AND FOR ANY DIRECT OR INDIRECT DAMAGE OR LOSS RESULTING FROM THE USE OF ANALYSISPLACE.COM WEBSITE OR ANY TOOL AVAILABLE ON IT.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ANALYSISPLACE.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ANALYSISPLACE.COM WEB SITE.

SERVICE CONTACT: admin@analysisplace.com

11. Indemnification

You acknowledge and expressly agree that use of this Site is at your sole and own risk. You agree to defend, indemnify and hold harmless HCR and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.

This indemnification obligation will survive these Terms of Use and your use of the AnalysisPlace.com Site.

12. Termination

You agree that HCR reserves the right, in its sole discretion, to terminate your access to AnalysisPlace.com website and the related services or any portion thereof at any time, without notice, if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material.

HCR may terminate your account at any time without prior notice, if you are in breach of the terms of this Agreement. HCR will be the sole arbiter as to what constitutes a violation of the Agreement

Any attempt to undermine or cause harm to AnalysisPlace.com server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes Spamming, transmission of - malware, viruses, trojan horses; or by linking to sites and files that contain or distribute malware, viruses and trojan horses.

Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, unreasonable excessive amount of downloading or any other activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies. HCR also reserves the right to take other remedial actions and to publish the records of such breach on the site.

13. Severability

In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. HCR’s failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches.

14. Compliance with Local Laws

AnalysisPlace.com makes NO representation that the materials and content contained in this website are legal in all jurisdictions. You the user are responsible to ensure that using the services of the site is in compliance with applicable local laws.

15. Access to Password Protected/Secure Areas and Security

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to legal action including prosecution.

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

16. Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. AnalysisPlace.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of AnalysisPlace.com, if AnalysisPlace.com's obligations hereunder are assumed by a third party, AnalysisPlace.com shall be relieved of any and all liability under this Agreement.

17. Governing Law and Dispute Resolution

The Terms of the Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the State of Pennsylvania, USA, the laws, rules and regulations of State of Pennsylvania, USA shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. By accessing this web site, you submit to the exclusive jurisdiction of the courts of Pennsylvania and of any United States courts located within Pennsylvania for the purposes of any and all disputes arising out of the use of this web site. You waive any objections to the forum of Pennsylvania for lack of venue, forum non conveniens or any other jurisdictional objection. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HCR with respect to the AnalysisPlace.com web site.

These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

Any rights not expressly granted herein are reserved.

Updated 6/29/14