Eureka King Terms of Services
Last Updated: Feb 1, 2016
This is an Agreement between You and Eureka King Inc. ("Eureka King"), the company that provides digital analytics and customer engagement and transaction services.
You are granted a license to access and use Eureka King proprietary web-based technology, tools, services and data, related software and documentation, Eureka King’s technical support, and other benefits, all of which are pursuant to the License (collectively, the “Services”).
1. The Services
- License of Services. Eureka King grants you a non-exclusive, revocable, limited and non-transferable right and license in accordance with the License to use and receive the Services. If at any time the License terminates, your rights hereunder shall also automatically terminate.
- Access. Eureka King will provide user ID login information as well as passwords. Upon termination or cancellation of the License, Eureka King may disable your login information. You may not share your login information with any unauthorized users. If you believe anyone has improperly obtained your user ID information or password, you agree to notify Eureka King immediately.
3. Your Representations
You represent and agree that any End User Data which you allow Eureka King to access is permitted to be accessed by the users who are being tracked and in accordance with applicable laws. You agree you will not share End User Data with Eureka King which violates any third party rights. You further agree that you will not violate the CAN-SPAM law, including engaging in sending any SPAM email notifications whether via one of our third party service providers or via your email provider.
4. End User Data
“End User Data” includes all data obtained from an End User via the Services and based on user behavior and event tracking, including personally identifiable information. Eureka King will have no responsibility or liability for maintaining any End User Data or your content on its servers. If you install third-party applications for use with Services, Eureka King shall not be responsible for any disclosure, modification or deletion of End User Data resulting from the use of third-party applications.
- Definition. “Confidential Information” means: (i) any non-public information of Eureka King, which is disclosed as “Confidential,” or which you should know or have reason to know is confidential; (ii) all proprietary information and intellectual property in connection with the Services; and, (iii) the End User Data.
- Obligation. You will not use Eureka King Confidential Information, except as necessary for the performance of the obligations under the License, and will not disclose such Confidential Information to any third-party, except to those of its employees and contractors that need to know such Confidential Information for the performance of this License. You will use all reasonable efforts to maintain the confidentiality of all Confidential Information in your possession or control. You may only disclose Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided you give us reasonable notice to enable us to contest such order or requirement.
7. Limitations and Disclaimers
- Services Limitation. The Services do not include any obligation of Eureka King to monitor, screen, or restrict use of the Services by you, or to monitor, review or take any other action regarding your usage. Notwithstanding the foregoing, Eureka King may discontinue your usage of the Services at any time in Eureka King’s sole discretion. Eureka King disclaims any responsibility or liability for the accuracy, completeness, appropriateness, legality or applicability of any End User Data, which you provide to Eureka King.
- DISCLAIMER OF WARRANTIES. EUREKA KING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, EUREKA KING MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
8. LIMITATION OF LIABILITY
9. Force Majeure
Neither Party will be liable to the other Party by reason of any failure or delay in performance because of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, fires, flood, power outages, storm, explosions, acts of God, war, terrorism, governmental action, earthquakes, or internet connectivity or failure issues experienced by major telecommunications providers.
If you have any questions or concerns about our Services or these Terms, you may contact us at:
Eureka King, Inc.
Attn: Legal Department
280 Tocoloma Ave.
San Francisco, CA 94134