Ambivista Terms of Use

Last updated: June 1, 2016

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.ambivista.com website (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Services

Ambivista (“Ambivista” or “We”) provides the service of data warehousing, website hosting, data analysis.

For the purposes of these Terms, “You,” “User,” and “Users” also refers to any person accessing the Ambivista Service by any method either on your behalf or on behalf of the contracting entity (“Licensee”).

For the purposes of these Terms, content includes any questions, responses, panels, and other (“Content”).

Your Content

You retain ownership, title, and interest in all your intellectual property rights in your Content. Ambivista makes no claim of ownership to your Content.

License

Ambivista grants You a worldwide, non-exclusive, non-transferable, royalty-free, revocable license to use the Services, subject to the payment of any applicable fees associated with the provisioning of the Services.

You grant Ambivista a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you. This limited license shall remain in effect even after You discontinue use of the Service. This limited license is also granted to any trusted third parties Ambivista works with to the extent necessary to provide the Services.

Ambivista Intellectual Property

Ambivista retains all right, title, and interest in the Services and content as delivered. Your use of the website and/or Services do not grant You any license or right to use any trademark or other brand elements without the prior written permission of Ambivista.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You are solely responsible to create and maintain backups of your Content.

Acceptable Use

You must comply with any and all applicable federal, state, and local laws and regulations applicable to your use of the Service. This requirement also includes

Ambivista Services are to be used for legitimate research purposes by Users and survey respondents.

Unacceptable Use

Attempts to reverse engineer, deny service to others, or otherwise interfere with the operation of the Services or their delivery.

Performance of any form of vulenrabiliy test on the Service or the ambivista.com website, without the prior written authorization of Ambivista.

Transmission of viruses, malware, malicious software, or links to such software.

Use of the Service for Infringement, or promotion of infringement, of the intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets) of others.

You may not use the Service in a manner that is abusive, or upload content that is racist or extremely offensive to others, or designed to harass, threaten, or defame others.

Uploading of content or links to content, except for valid research purposes, of nudity, adult content, nudity, pornography, sex, or profanity.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Ambivista.

Ambivista has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ambivista shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMBIVISTA OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE OF THE SERVICES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AMBIVISTA, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Entire Agreement

These Terms constitute the entire agreement between You and Ambivista with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.

Contact Us

If you have any questions about these Terms, please contact us via support@ambivista.com.