The following terms and conditions ("Terms"), in conjunction with our Privacy Policy, govern all use of the ga.roiup.co website (the "Website") and all content, services, features, activities and products available at or through the Website, including but not limited to the website analysis service (hereafter "Service" or "Services"). The term "you" or "your" includes any of your subsidiaries, affiliates, agents or employees. The Services are owned and operated by roiup Inc (also referred to as "roiup", "we", "our" or "us"). Please read these Terms of Use carefully before using the Services. BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO roiup'S PRIVACY POLICY (COLLECTIVELY, THIS "AGREEMENT"). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.
To register for the Services and create an account, you must complete the registration process by providing roiup with requested information including your name, email address. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date. You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is abides by the terms of this Agreement. You agree to notify roiup immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services. We may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
You may not use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including but not limited to copyright laws). You are solely responsible for any and all activities that relate to your Account. You may not use the Service in connection with any adult or pornographic service. This includes use on a website containing primarily adult or pornographic content, or advertising on a website containing primarily adult or pornographic content. You may not use the Service in any manner that violates the Terms of Service, Acceptable Usage Policy, or other such policies of companies you advertise with. You may not use the Services in connection with any website or portion of a website directed at individuals under the age of 13, or any website or portion of a website that you have reason to know is used primarily by individuals under the age of 13. You may not (and you may not allow any third party to):
copy, modify, adapt, translate or otherwise create derivative works of the Service;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except as expressly permitted by the law in effect in the jurisdiction in which you are located;
rent, lease, sell, assign or otherwise transfer rights in or to the Service;
remove any proprietary notices or labels on the Service or placed by the Service;
use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.
roiup, in its sole discretion, may accept or reject for any reason any individual as a user of the Service.
As between you and roiup, you shall retain ownership of any information, data and statistics that roiup obtains from your website, such as raw data and log files generated by and/or provided to the Services. You hereby grant to roiup a royalty-free, non-exclusive, irrevocable, right and license to access your registered web page(s) and to access and log (a)
any information concerning users' actions, entries, or activities on your web page(s), (b)
any information sent to you by users' web browsers concerning users' web activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or
any data or other information you provide to roiup (collectively "Client Data") for the purposes of:
Providing you with analytics and other functions related to the Services;
Analyzing and improving the Services; and/or
Compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, roiup's marketing and promotional purposes. This information will be presented only in aggregated form, and we will not share specific site data that identifies you or your visitors without your permission.
You represent and warrant that you have all rights, licenses, and consents required to license Client Data to roiup on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.
In order to use the Services, you will be provided with code ("roiup Script" or "Tracking Script") to embed in the HTML code of web page(s) that are properly registered for the Services and owned or operated by you. The Script and/or Services may store cookies on devices used by those who visit your website ("Visitor(s)"). These cookies contain values that allow the Services to detect if the Visitor is a returning Visitor or a first-time Visitor to your web page(s), when the Visitor last visited the web page(s), and, if you are conducting A/B testing, what test group the Visitor is in. If you direct us to do so, such as by associating an identity with the Visitor, Personally Identifiable Information relating to the Visitor may be stored within these cookies. "Personally Identifiable Information" refers to information that can be used to personally identify a unique individual, such as name, e-mail address or username. By using the roiup Script implementing the use of such cookies, you represent and warrant that: (a) you will comply with all applicable laws relating to the placement of such cookies on Visitors' computers, including Directive 2009/136/EC of the European Parliament ("the Cookie Directive") where it applies; (b) you have posted (or you will post) a privacy policy on each website on which you use the Services, which clearly and conspicuously discloses the use of such cookies and (c) you have obtained all required consents and authorizations from your website Visitors relating to the use of such cookies.
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. roiup may make improvements and/or changes in the Service at any time, with or without notice. roiup does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or any other software on its servers are free of viruses or other harmful components. You specifically agree that roiup shall not be responsible for unauthorized access to or alteration of the Client Data or data from your Website. roiup does not guarantee storage of Client Data. Storage space allocated to you is subject to agreement with roiup or the amount of available space. roiup does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond roiup's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where roiup or your servers are located or co-located. Complete accuracy in all aspects of your reports or other Client Data at all times also is not guaranteed. THE SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY roiup, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. roiup DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
We reserve the right to terminate Your account and use of our Services at any time and for any reason so long as permitted by law. An account terminated by roiup will not be backed-up for any reason and may be immediately terminated from roiup's servers, and will not be eligible for any refunds of monies paid.
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