Welcome to the Analytic Partners, Inc. Guiding Performance & Strategy Enterprise (“GPS-E”) service. Analytic Partners, Inc. (“We” or “Us”) maintains this software as a service and makes it available to our customers for use through this site (the “Site”). By using our Site, the GPS-E service and software, or any other content, products or services offered on and through the Site (all collectively, the “Services”), you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain Services from the Site.

1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to use of Site and Services. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and Services, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. If you disagree with any changes to this Agreement, you must discontinue your use of the Site and Services. Your ongoing use of the Site or any of the Services after the changes signifies your agreement to the new or changed terms.  The latest Agreement will be posted on the Site, and we encourage you to regularly review this Agreement prior to using the Site or Services.

2. Intellectual Property and Proprietary Rights; Restrictions on Use
The Site and any Services, including all software, information, graphics, designs, audio, animation, video and other content and materials made available through the Site (collectively “Materials”), as well as their selection, organization, arrangement, compilation, magnetic translation and digital conversion are protected by intellectual property and other laws (including copyright, trademark and patent laws), and any unauthorized use of the Site, Services or Materials may violate such laws and this Agreement. Analytic Partners, Inc. and/or third parties own all right, title and interest in and to the Site, Services and Materials, including without limitation all intellectual property and other proprietary rights therein and thereto now or hereafter in force and effect anywhere in the world. Except as expressly provided herein or otherwise agreed in writing with Analytic Partners, Analytic Partners, Inc. and its licensors and other suppliers do not grant any express or implied rights to use the Site, Services or Materials. You agree not to, and not to allow any third party to: (i) copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, decompile, reverse engineer or otherwise attempt to derive source code from, export or otherwise transfer or create derivative works based on the Site, Services, or Materials or their selection and arrangement, except as expressly authorized herein; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained on the Site or within the Services; (iii) use the Site or Services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter Analytic Partners, Inc. or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site or Services. You may not use, download, or export the Site or Services in violation of any applicable laws or regulations.  You may not use the Site or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or Services. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your internal corporate use (but not for resale or redistribution).  We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.

The copying, redistribution, use or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any content, document or other Materials viewed through the Site. The posting of information or materials on the Site by us does not constitute a waiver of any right in such information and materials.

3. Trademarks
You should assume that the trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Analytic Partners, Inc. or other third parties. You are not permitted to use the Marks without the prior written consent of Analytic Partners, Inc. Analytic Partners™, Inc, Guiding Performance & Strategy™(GPS-E), Analytic Modeling Platform™ (AMP), Adapta Data Integration™, and ROI Genome™ are the trademarks or registered trademarks of Analytic Partners, Inc. in the United States and/or other countries. All other trademarks and registered trademarks are the property of their respective owners.

4. Use of the Site, Software and Other Services
In order to use this Site and the Services available through the Site, you may need access to the World Wide Web, either directly or through devices that access web-based content. It is your responsibility to pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection. All software and accompanying training and/or documentation that is made available to download from this Site is the copyrighted and/or patented work of Analytic Partners, Inc. and/or its suppliers and licensors. In addition to being governed by the terms of this Agreement, the software made available on the Site is subject to additional licensing terms.  In the event additional licensing terms accompany or are included with any software, or are separately agreed to in writing by you and Analytic Partners, Inc., then in addition to the terms set forth herein, all use of such software is governed by the terms of such license agreement and such terms are hereby incorporated herein by this reference. You will not be able to download, install or use any software that is accompanied by, includes or otherwise requires a license agreement unless you agree to the terms of such license agreement.  In the event of any conflict between the terms of this Agreement and the terms of any such software license, the terms of the software license will prevail with respect to the use of the software and related services and documentation to which they apply. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of any software available on or through the Site.

5. Limited License to Use
Subject to the terms of this Agreement, including any applicable supplemental software license terms, we hereby grant to you a limited, nonexclusive, nontransferable license to access and use the Site solely for your personal and internal corporate purposes. The viewing, printing or downloading of any software, content, graphic, form, document or other Materials from the Site grants you only a limited, nonexclusive license for use solely by your organization (and subject to any supplemental software licensing terms) and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. Analytic Partners, Inc. reserves the right to revoke the authorization to view, download, and print the content available on this Site at any time, and any further use shall be discontinued immediately upon notice from Analytic Partners, Inc. The rights granted to you constitute a license and not a transfer of title. This license will automatically terminate if you do not comply with the terms of this Agreement.

6. Changes to the Site; Support.
We reserve the right in our sole discretion to edit or delete the Site, Services and any data, documents, information or other content appearing on the Site.  We do not have any obligation to provide you with any maintenance or support relating to the Site or Services unless otherwise separately agreed in writing.

7. Links
We may provide links to other World Wide Web sites or resources. We do not endorse and are not responsible for any data, software or other content available from non-Analytic Partners, Inc. sites or resources.  You acknowledge and agree that Analytic Partners, Inc shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content, or for the practices of any non- Analytic Partners, Inc. site or resource operator.

8. Indemnification
You agree to indemnify, defend and hold Analytic Partners, Inc., its affiliates, and its and their officers, directors, employees, suppliers/licensors, partners and attorneys (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, demand, cause of action, and expense, including reasonable attorneys’ fees, arising out of or related to: (i) your breach of this Agreement; (ii) violation of applicable law; (iii) violation, infringement or misappropriation of any rights of another; or (iv) use of the Site or Services.  Analytic Partners, Inc. reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate in full at your own expense with any such defense.

9. Nontransferable; Passwords
Your right to use the Site and Services