“You” and “Your” refers to you, the person accessing the Site and accepting these Terms. “We,” “Us,” and “Our” refers to Applied OLAP, Inc. (“Applied OLAP”), the owner of the Site.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. In any case, you affirm that you are age 13 or older, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
2. Prohibited and Permitted Uses of the SiteYou agree not to distribute in any medium any part of the Site, including but not limited to User Content (defined below), without our prior written authorization. You agree not to alter or modify any part of the Site, including but not limited to any coding or other technologies, whether or not embedded.
You agree not to access the text, software, scripts, graphics, photos, sounds, music, videos, interactive features or the like (“Content”) or User Content (defined below) through any technology or means other than the authorized designated pages of the Site itself or other explicitly authorized means we may designate. You agree not to access or use any password protected or secure areas of the Site which are reserved for Authorized Users only. “Authorized Users” include only persons who have been issued a password for access to a password protected area or who have received clearance from us to access a secure area of the Site. Unauthorized individuals attempting to access these areas of the Site or individuals attempting to exceed the scope of their authorization or to circumvent any security measures or to engage in any other unauthorized act may be subject to prosecution or other liability.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to change without permission or deliberately damage the Site is a violation of criminal and civil laws. You may not engage in any activity on the Site that restricts, inhibits or detracts any other user from using or enjoying the Site by “hacking,” “cracking,” “spoofing,” or defacing any portions of the Site.
You agree not to engage in any unlawful communications or unlawful collection, disclosure, uploading or maintenance of information regarding individuals under the age of 13. We reserve the right to seek legal action and damages against any person who violates the law, or any of the terms or policies set forth herein, to the fullest extent permitted by law.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. applications, comments, email) for any commercial solicitation purposes.
You will otherwise comply with these Terms and all applicable local, national, and international laws and regulations.
We reserve the right to discontinue any aspect of the Site at any time.
3. Use of SoftwareYour use of software available on the Site is subject to all agreements that accompany or are included with such software, including any license agreement, user agreement, ordering document, exhibit or other applicable terms and conditions (“License Terms”). If there is a conflict or inconsistency between these Terms and the License Terms, the License Terms shall have precedence with respect to your access and use of the applicable software. Copies of all License Terms are available upon request by email to Applied OLAP at:
4. Materials Available On or Accessible from the SiteYou may download, store, display on your computer, view, listen to, play and print materials that Applied OLAP publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the materials may be used solely by you for informational and noncommercial purposes; (b) you acknowledge that you have no right, title or interest in or to the materials, (c) you cannot remove or alter any proprietary notices on the materials (such as copyright or trademark notices), (d) you cannot modify the materials, and (e) you cannot copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any reason any trademarks, services marks, brands, logos, designs or other identifiable marks that appear on the materials or this Site without the express prior written permission of Applied OLAP or the respective owner of such mark. Content on the Site is made available to you AS IS and for your informational and personal use only. All rights not expressly granted in these Terms are reserved by Applied OLAP and its licensors.
5. Other WebsitesThe Site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using our Site, you expressly relieve us from any and all liability arising from your use of any third-party website.
6. Login Name, Password and SecurityUsers create an Applied OLAP account by registering, which includes designating a login name and password. Users are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under that password. Users agree to immediately notify Applied OLAP of any unauthorized use of their passwords or accounts, or any other breach of security. Applied OLAP is not liable for any loss or damage arising from users' failure to comply with this section.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site, features that prevent or restrict the use or copying of any of the Site’s content or features that enforce limitations on use of the Site or the Site’s content.
7. Disclaimer of WarrantyAPPLIED OLAP DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. APPLIED OLAP DOES NOT GUARANTEE THAT ITS SERVICES ARE ERROR-FREE, THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR THAT THEY WILL BE CONTINUED FOR ANY LENGTH OF TIME. APPLIED OLAP DOES NOT GUARANTEE THAT CONTENT WILL NOT BE LOST, DELETED, OR DAMAGED. WHILE WE HAVE ENDEAVORED TO MAKE SURE THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, WE CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND IT IS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. EACH PARTY TO THESE TERMS ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION MADE BY THE OTHER EXCEPT AS SPECIFICALLY SET FORTH HEREIN.
8. Limitation of LiabilityAPPLIED OLAP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE, OR THE SITE CONTENT, EVEN IF APPLIED OLAP AND SUCH PARTIES WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL LIABILITY IN THE AGGREGATE, WHETHER ARISING IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY, MISREPRESENTATIONS OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR CLAIMS RELATED TO THE SITE OR THE SITE’S CONTENT IS TO STOP USING THE SITE.
10. IndemnificationYou agree to defend, indemnify and hold harmless Applied OLAP and its subsidiaries, affiliates and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) of any kind arising from: (i) your use of the Site; (ii) your breach or violation of any term of these Terms; or (iii) your violation of any third party right, including, without limitation, any copyright, trademark, property, or privacy right. This hold harmless, defense and indemnification obligation will survive in perpetuity.
11. Enforcement of TermsApplied OLAP has the right to access any area of the Site and may edit, delete, or restrict access to any posted content at its sole discretion. Applied OLAP is not required to explain why any login or posting was edited, restricted, or deleted.
12. User ContentWe may permit you to submit user comments or textual content (collectively, “User Content”) on the Site. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any User Content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing such information. You agree that you will only share, post, publish, transmit, or otherwise make User Content available on or through the Site that you have the right and authority to share and can grant to Applied OLAP all of the licenses and rights required by these Terms. In connection with User Content, you affirm, represent and warrant that: you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms, including, without limitation, for the User Content to be uploaded, downloaded, copied, streamed, reproduced, distributed, transmitted, broadcast, displayed and otherwise used as contemplated by the Site.
For clarity, you retain any and all of your ownership rights in your User Content. However, by submitting User Content through the Site, you hereby grant Applied OLAP a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, transmit, broadcast, stream, prepare derivative works of, display and perform the User Content in connection with the Site and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any format, through any channels, and in any media now known or hereafter discovered. The above license granted by you is perpetual and irrevocable.
In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark rights, and privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein.
You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Content.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We do not permit infringing activities (including, without limitation, copyright or trademark infringement), and we reserve the right to remove all content and User Content if properly notified that such content or User Content infringes on another's intellectual property rights or if we suspect that content or User Content is infringing. We reserve the right to remove content and User Content without prior notice. Notwithstanding the foregoing, we reserve the right, but take on no affirmative obligation, to monitor and remove Site content or User Content. You acknowledge and agree that we have no liability for any action or inaction with respect to any conduct, communication or posting on the Site.
You agree that your User Content shall not: (i) be false or misleading, (ii) defame, be derogatory, degrade or harass another or constitute a personal attack, (iii) invade another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information, (iv) promote bigotry, racism, hatred or harm against any group or individual, (v) be obscene or not in good taste, (vi) violate, infringe or promote the violation or infringement of another’s rights, including intellectual property rights, (vii) violate or promote the violation of any applicable laws or regulations, (viii) contain a solicitation of funds, goods or services, or promote or advertise goods or services, or (ix) contain any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. Applied OLAP may report you to the relevant authorities or take any other actions under applicable laws it determines are necessary or appropriate if the content that you share is intended or designed to do any of the foregoing.
We reserve the right to decide whether any User Content is appropriate and complies with these Terms, including, by way of example and not limitation, reviewing User Content for pornography, obscene or defamatory material or excessive length. We may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at our sole discretion.
You agree to defend, indemnify and hold harmless Applied OLAP and its subsidiaries, affiliates and employees from any demand made by anyone due to the content you post or permit to be posted on the Site.
13. Forum PostsYou agree not to post or transmit through the Site any material that violates or infringes in any way the rights of others or is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, or which gives rise to civil or criminal liability or otherwise violates any local, state or federal law, including, without limitation, U.S. export control laws and the Children’s Online Privacy Protection Act.
Users who post any such material on the Site may be subject to prosecution under applicable laws and should be aware that Applied OLAP may cooperate with any criminal or civil action that is commenced or threatened as result.
Applied OLAP may disclose information related to any posts on the Site, including the content thereof and identifying information of the individual posting, in order to (1) satisfy legal requirements or comply with legal processes; (2) demonstrate a violation of these Terms; or (3) protect the rights (including copyrights), property or personal safety of anyone.
14. Applied OLAP email NotificationsBy signing up for a Site login, users agree to receive Applied OLAP notifications of recent changes to Applied OLAP and the products it provides and may also advise users on how to more efficiently use the Applied OLAP Site. You may opt out from receiving these notifications by deleting your Site login.
Given the rigid junk email filters imposed by email services and other variables inherent with electronic communication, Applied OLAP makes no warranty that the emails it sends are actually received by the intended recipients.
15. Governing LawThese Terms shall be deemed to have been made in the state of Alabama, United States of America. Its validity, construction, interpretation, and enforcement and the rights of all parties hereto shall be determined under, governed by, and construed in accordance with the laws of the state of Alabama without regard to conflict of interest laws.
By accepting these Terms, users agree to submit to personal and exclusive jurisdiction of the courts located within the county of Madison, Alabama, United States of America and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or its Terms must be filed within one year after such claim or cause of action arose or be forever barred. YOU HEREBY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.
16. International UseThe Site is hosted in the United States. Applied OLAP does not guarantee that the Site or the Site contents are appropriate or will be available for use in locations other than the United States. If you use the Site from outside the United States, you acknowledge that:
You are voluntarily transferring information (potentially personally identifiable information) to the United States and agree that Applied OLAP’s collection, use, storage and sharing of your information is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
You are solely responsible for ensuring that your access and use of the Site complies with all applicable international, national, federal, state and local laws and regulations, including, without limitation, U.S. export control laws and restrictions and the laws of other countries, including, for example, the country where you reside, as well as any end-use, end-user and destination restrictions regarding export or import restrictions of the jurisdiction in which the information is used or to or from which the information or material is exported.