Please Read These Terms Carefully Before Using AnalysisPlace Services and This Website
These terms apply to the Excel-to-Word Document Automation Add-In, the AnalysisPlace.com website, and other AnalysisPlace services.
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 develops and hosts Excel-based business and technology tools (“Tools”) and services (“Services”), including the Excel-to-Word Document Automation Add-in (“Add-In”) and Document Generation and Calculation Service APIs (“APIs”) and all associated documentation (“Documentation”), which are collectively referred to as the “Software” or the “Service”. By using our website, the Software, including the Add-In, APIs, Tools, Documentation, and/or Services, (“you” or the“Customer” or “user”) have entered into an Agreement with AnalysisPlace and you agree to accept our Terms of Use.
1. Acceptance of Terms and conditions of Use
The contents on this website www.analysisplace.com (the "Site") are provided by AnalysisPlace.com (“AnalysisPlace”, “us” or “we”) as a service to its customers. We refer to this Agreement, our Privacy Policy accessible at https://analysisplace.com/Privacy, our Data Security accessible at https://analysisplace.com/Resources/Data-Security and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website, tools, or services.
The following Terms govern your access to and use of the Service. If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity. 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 (collectively, the "Terms").
1.2 Third Party Terms of Service
AnalysisPlace utilizes third parties to manage and run our Software. For your reference, we have included the Terms of Use links to those companies: https://managed.com/Legal and https://azure.microsoft.com/en-us/support/legal/
2 Subscription
You may purchase a Subscription to the Software Service as provided on the Site or by AnalysisPlace. If you subscribe to the Software, you are granted a personal, non-transferable, non-exclusive, limited license to access and use such Software for your use for the term of the subscription. automatically expire when the term of the subscription ends. If you choose not to use the Software for the whole term, you are not entitled to a refund of money paid for the subscription.
If you purchase a recurring monthly or yearly subscription, your subscription will automatically renew every month or year respectively until you cancel it. You can cancel at any time.
We offer different levels of paid and unpaid subscriptions with different usage limits. If you exceed your subscription’s usage limits for the usage month your ability to access and use the Software may be limited or suspended until the next usage month or an increase in your subscription level.
Each user of the Software and Service must have unique access credentials. You may not allow other people, including from within your business/organization or family, to access the Software via your access credentials. You must notify us immediately if you know or suspect that someone else is using your access credentials. Other people are very welcome to use the Software, but they must arrange their own access license.
AnalysisPlace reserves the right to exclude users from the Software if they misuse it, without necessarily providing justification.
2.1Suspension of Service – If any invoiced amount for our services is 30 or more days overdue, we may without limiting our other rights and remedies, accelerate your unpaid obligations so that all such obligations become immediately due and payable, and temporarily suspend our services to you until such amounts are paid in full. Suspension of service shall not release the Customer of its payment obligations. Customer agrees that AnalysisPlace shall not be liable to Customer or any third party for any liabilities, claims or expenses arising from or relating to suspension of the services resulting from Customer’s nonpayment.
3. Modifications
3.1 Modifications of Service
AnalysisPlace 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. AnalysisPlace will try to avoid such an eventuality without effecting the User. AnalysisPlace may also try to support or update the service. The amended Terms shall be effective immediately after they are initially posted on the Site. AnalysisPlace 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) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. The User acknowledges and agrees that AnalysisPlace shall not be liable to User or any third party if AnalysisPlace exercises its right to modify or discontinue all or part of the Service.
3.2 Modifications of Agreement
AnalysisPlace reserves the right to modify/change the Terms of Use and Privacy Policy, and notices under which the AnalysisPlace 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/emails 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 https://www.analysisplace.com/privacy.
5. Proprietary Information/Rights and Confidentiality
All contents of the AnalysisPlace 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, code, graphic/image, and text files) are owned by AnalysisPlace. 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 AnalysisPlace. 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. AnalysisPlace 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 AnalysisPlace which accompanied the original product licensed to you.
Through the use of the Service and/or Site, AnalysisPlace may disclose or make available to the User Confidential Information (as defined below) which is proprietary to AnalysisPlace, its partners, and users, in connection with the activities contemplated in this agreement. The information posted by AnalysisPlace, its partners, or users of the Service may be protected whether or not it is identified as proprietary to us or 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 this Agreement and (c) it will not disclose Confidential Information belonging to AnalysisPlace, its partners, and users to any third party without the express prior written consent of AnalysisPlace. The User will promptly return to the disclosing Party upon its request any Confidential Information disclosed by it.
AnalysisPlace will not monitor, edit, disclose, sell, rent, license, exchange, or release any of your personally identifiable information without your explicit consent unless AnalysisPlace has reason to believe that disclosing this information is necessary: (a) to conform to the edicts of the law or comply with legal process served on AnalysisPlace; (b) to prevent injury to or interference with (either intentionally or unintentionally) the rights or property of AnalysisPlace, 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 transfers assets or has any change in control, user information may be transferred to the entity that acquires such assets or control of AnalysisPlace.
For purposes of this Agreement, "Confidential Information" means, with respect to AnalysisPlace , 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 (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 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 - 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 software 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 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 will not otherwise create any liability for AnalysisPlace or its affiliates.
7. Links to Third Party Sites
The AnalysisPlace website may contain links to other websites ("Linked Sites"). This content is the sole responsibility of the entity that makes it available. AnalysisPlace is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AnalysisPlace of the site or its provider or 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 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 AnalysisPlace, User agrees that neither AnalysisPlace, nor any officer, affiliate, director, shareholder, agent, contractor or employee of AnalysisPlace, 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 under 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, to perform due to government restriction, strikes, war, any natural disaster, or any other condition beyond AnalysisPlace’s control.
The limitations outlined in this section apply to the acts, omissions, negligence, and gross negligence of AnalysisPlace 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 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 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF ANALYSISPLACE AND YOUR EXCLUSIVE REMEDY CONCERNING 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 FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
9. Disclaimer
AnalysisPlace is constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
AnalysisPlace creates and publishes example Microsoft Office spreadsheets and documents; which may be called “tools”. These are for informational purposes only. There is no guarantee of the content or results. Word and PowerPoint documents as well as reports generated by the Software add-in or tools are for informational purposes only. AnalysisPlace, its partners, and suppliers MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE INFORMATION IN THE REPORTS.
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.
Complying with all applicable copyright laws is the responsibility of the user. AnalysisPlace 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 AnalysisPlace, 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.
10. Warranties
ANALYSISPLACE 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 THE ACCURACY OF ANY INFORMATION, OUTPUT OR RESULTS, AND ANY DIRECT OR INDIRECT DAMAGE OR LOSS RESULTING FROM THE USE OF ANALYSISPLACE.COM WEBSITE OR ANY TOOL AVAILABLE ON IT.
ALL SOFTWARE AND THE SERVICE, INCLUDING TOOLS, ADD-INS, DOCUMENTATION, SERVICES, AND REPORTS, ARE PROVIDED TO YOU "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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.
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 AnalysisPlace 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 site.
12. Termination
You agree that AnalysisPlace reserves the right, in its sole discretion, to terminate your access to AnalysisPlace 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.
AnalysisPlace may terminate your account at any time without prior notice if you are in breach of the terms of this Agreement. AnalysisPlace will be the sole arbiter as to what constitutes a violation of the Agreement
Any attempt to undermine or cause harm to AnalysisPlace server or its customers is strictly prohibited and will be subject to automatic account termination. This includes spamming, the 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, an 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. AnalysisPlace also reserves the right to take other remedial actions and to publish the records of such breach on the site.
13. Severability
If 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. AnalysisPlace’s failure to act concerning 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 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 follows 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, tools, and Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to legal action including prosecution.
16. Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. AnalysisPlace 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, if AnalysisPlace's obligations hereunder are assumed by a third party, AnalysisPlace shall be relieved of all liability under this Agreement.
17. Governing Law and Dispute Resolution
The Terms of the Agreement shall be governed by and construed by 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 the 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 any United States courts located within Pennsylvania for any 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 AnalysisPlace with respect to the AnalysisPlace web site.
These Terms and any modifications hereto constitute the entire agreement between the parties concerning 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 June 19, 2020