Snark LLC d/b/a Azul Analysis
Last Updated: 10/09/2020
Table of Contents
- Statement of creation of legally binding agreement
- Eligibility of use
- Licensing information and limitation of uses
- Termination of usage by either the company, user or organization admin
- Intellectual Property
- User-generated content
- Payment of services and usage
- Limitation of Liability
- Governing law of terms
- Modification or updates to terms
- Contact information
1. Statement of creation of legally binding agreement
THESE USER TERMS ARE LEGALLY BINDING.
These Azul Analysis Terms and Conditions (“Terms”) govern access to and use of the Azul Analysis (“Azul Analysis,” “we” or “us”) web sites and services (collectively, the “Site”) by visitors (“Site Visitors”) and by individuals or entities who purchase services (“Azul Analysis Services”) or create an account (“Account”) and their Authorized Users (collectively, “Customers”). By using the Site or any Azul Analysis Services, you as a Site Visitor or Customer accept these Terms (whether on behalf of yourself or a legal entity you represent). An “Authorized User” of a Customer is each an individual natural person, whether an employee, business partner, contractor, board member, or agent of a Customer who is registered or permitted by Customer to use the Azul Analysis Services subject to these Terms and up to any maximum number of users or uses specified at time of purchase. If you access or use the Azul Analysis Services, or continue accessing or using the Azul Analysis Services after being notified of a change to the Terms, you confirm that you have read, understand and agree to be bound by the Terms. Customers and Site Visitors may be referred to in these Terms as “you” and “your” as applicable.
2. Eligibility of use
In order to use the Service, you must:
- Be at least eighteen (18) years old and able to enter into contracts;
- Complete the account registration process;
- Agree to these Terms;
- Provide true, complete, and up-to-date contact and billing information;
- Be based in the United States; and
- Not be listed on any U.S. government list of prohibited or restricted persons.
By using the Azul Analysis Service, you represent and warrant that you meet all the required listed above, and that you won’t use the Azul Analysis Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Azul Analysis may refuse service, close accounts of any Customer(s) or Authorized User(s) and change eligibility requirements at any time.
3. Licensing information and limitation of uses
Azul Analysis grants you a limited license to access and make use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Azul Analysis. This license does not include any resale or commercial use of the Site or it contents; any derivative use of the Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Azul Analysis in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to these Terms.
The Azul Analysis Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Azul Analysis. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Azul Analysis without express written consent. You may not use any meta tags or any other “hidden text” utilizing Azul Analysis’s name or trademarks without the express written consent of Azul Analysis. Any unauthorized use terminates the permission or license granted by Azul Analysis. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the homepage of the Azul Analysis Site, so long as the link does not portray Azul Analysis, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Azul Analysis logo or other proprietary graphic or trademark as part of the link without express written permission.
4. Termination of usage by either the company, user or organization admin
You may stop using the Site at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
If we terminate the Terms, or use of the Site for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provided to us at time or initial registration. We may, at any time, terminate your right to use and access the Site if:
- You breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
- You fail to make the timely payment of fees for the Site, if any;
- You materially breach any provision of the Terms, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 10 days of the notice; or
- You physically, verbally, or through other means abuse, threaten, bully or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Site)
Organization administrators may terminate a user’s access to a Site at any time. If your organization administrator terminates your access, then you may no longer be able to access content that you or other users of the organization have shared on a shared dashboard.
5. Intellectual Property
The Azul Analysis Site in its entirety is owned by Snark LLC d/b/a Azul Analysis and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Site only for legitimate business purposes related to your role as a current or prospective customer. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Site content without Azul Analysis’s express prior written consent or except as expressly provided in these Terms.
6. User-generated content
When you upload, submit, link, store, send or receive content or data through our Site, you give Azul Analysis (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting and improving our site, and to develop new ones. This license continues even if you stop using our Site.
7. Payment of services and usage
By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription.
By purchasing an Annual Subscription, you agree to an initial and recurring Annual Subscription at the then-current Annual Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription.
We may modify the price, content, or nature of the Site at any time. At our sole discretion, we may grandfather in the prices of certain members based on factors such as sign up date and good standing. Azul Analysis will notify members receiving such grandfathered rates prior to the implementation of any price changes. If we modify any of the foregoing terms, you may cancel your membership, and such cancellation shall be your sole remedy. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them to the website.
If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Site. You authorize us to charge outstanding fees and other amounts due to us against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. If your account is more than 30 days past due, and is forwarded to a collections agency, you will additionally be liable for any recovery fees charged by the agency.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within ninety (90) days after they first appear on your credit card statement. If you do not bring them to our attention within ninety (90) days, you agree that you waive your right to dispute such problems or discrepancies.
You may cancel your Monthly Subscription at any time by emailing admin (at) azulanalysis.com at least 5 days prior to the renewal date. If you email admin (at) azulanalysis.com less than 5 business days prior to the renewal date, you will be charged for that month’s subscription and you will be able to access the Site through the end of the next billing cycle.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Azul Analysis be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss or damage) arising out of the use of or inability to use the services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if Azul Analysis have been advised of the possibility of such damages. In any case, Azul Analysis’s maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the Site (if any) in the twelve (12) months preceding the event or circumstances giving rise to such claims.
9. Governing law of terms
While Azul Analysis provides web-based products and services that can be accessed worldwide, our operations are located in Phoenix, Arizona, and these Terms are based on United States law. Access to, or use of, this Site or any information, materials, products and/or services made available on or through this Site may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing this Site. We make no representation that the information contained herein is appropriate or available for use in any location.
You agree that these Terms are made and partially performed in the State of Arizona, and that the state courts located within Maricopa County, Arizona and the federal district court in the Arizona District of Phoenix located in Phoenix, Arizona, without giving effect to any principles of conflicts of law, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to your access and use of this Site, and that the laws of the State of Arizona shall govern such dispute or claim. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purposes of litigating any such action, and waive any defenses of lack of minimum contacts of forum non conveniens. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe that the infringement of these Terms may be taking place or originating.
10. Modification or updates to terms
We may revise these Terms from time to time to better reflect:
- Changes to the law;
- New regulatory requirements; or
- Improvements or enhancements made to our Site.
If an update affects your use of the Site or your legal rights as a User, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you do not agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Site after the updates come into effect, you agree to be bound by the revised Terms.
11. Contact information
The full name of the Company is Snark LLC d/b/a Azul Analysis and our address is 1012 East Mitchell Dr, Phoenix, AZ 85014. You can contact us by email to admin (at) azulanalysis.com.