terms of service

Acceptance of the Terms of Service.
These terms of use are entered into by and between you and Report Garden, Inc. (“Gauges”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of http://www.gauges.com, including any content, functionality, and services offered on or through gauges.com (“Services”), whether as a guest or a registered user. Please read the Terms of Service carefully before you start to use the Services. By using the Services or by clicking to agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at http://www.gauges.com, incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, do not access or use the Services.

Intellectual Property Rights.
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Gauges, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the  Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Gauges. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Electronic and Other Communications.
Gauges may contact you using electronic communications, including your email and phone number provided by you to Gauges through our Services.

Privacy Policy and Data Confidentiality.
 Any Personal Data shared by you through our Services are governed by our Privacy Policy. We encourage you to read through the Privacy Policy to make an informed decision about using our Services. By agreeing to our Privacy Policy, you agree that you have taken proper consent from your customers for processing their personal data on our platform. We do not hold any responsibility for misuse of this data by you. You further agree to the following clauses:

  • Gauges will use your Personal Data to provide Services as mentioned in the Policy.
  • When sending any electronic communications through our Services you have taken prior consent from the recipients and are not sending any unsolicited information. While using our lead generation services you comply within the relevant privacy laws applicable for the region you are collecting information from.
  • You are solely responsible for all the activities and the legal liabilities thereof performed on our white-labelled Services.

Cookie Policy.
The Cookie Policy provides information regarding our use of cookies, web beacons, tracking pixels, and other tracking technologies with our Services. Gauges’s Cookie Policy can be viewed here. By continued use of our Services, you agree to the terms of the Cookie Policy.

Linking to the Services and Social Media Features.
You may link to Gauges’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Gauges’s part without prior written consent.

These Services may provide social media features that enable you to:

  • Link from your own or certain third-party website to content on these Services;
  • Send emails or other communications with content, or links to content, on these Services; or
  • Cause limited portions of content on these Services to be displayed or appear to be displayed on your own or third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Cause the Services or portions of them to be displayed on any other site, by for example, framing, deep linking, or in-line linking;
  • Link to any part of the Services other than the homepage; or
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in stopping any unauthorized framing or linking We reserve the right to withdraw linking permission without notice.

We may disable any or all social media features or links at any time without notice in our discretion.

Links from the Services.
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Licenses.
Gauges is a real time web analytics software that tracks the page visits based on location, referrer, landing page etc. on the user website pages. During the term of subscription or compliance with the terms of service, Gauges grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to access the Services provided and your information stored on the Gauges Services and to make changes to and distribute your downloaded content.

Warranties.
You warrant and agree not to:

  • Resell or make any Services provided to you available to any third party other than those explicitly authorized by Gauges;
  • Use the Services to process data on behalf of any third party; modify, hack, or attempt to gain any kind of unwarranted access to the Services, concerned systems, or networks;
  • falsely entail any kind of association with Gauges;
  • Use the Services for unlawful activities, including but not limited to violating any person’s privacy rights;
  • Use the Services for any forms of messages that are duplicative or unsought;
  • Use the Services to store or transmit files and any content that breaches any intellectual property rights or other rights;
  • Use the Services in any way that interferes with or disturbs the integrity or performance of the Services and its components;
  • Attempt to decode, reverse engineer or discover the source code being used in the Services;
  • Use the Services to willingly post, transmit, upload, send or store any content that is illegal, racist, abusive, obscene or discriminatory in nature;
  • Use the Services to knowingly broadcast, send or store any viruses, malware, Trojan horses, or any other harmful software;
  • Attempt to use the Services in violation of the Terms of Service.

Resell.
Your right to use the Services is personal to you and your firm. You agree not to resell the Services without the explicit and written consent of Gauges.

Services: Uses and Restrictions.
You may use our Services as is or with suitable modifications as long as they have been specifically generated for your use at your firm via our Services. You may not use any automated program or algorithm to access, acquire copy or monitor any part of the Services in any way except as provided by the Services. Gauges reserves all rights to bar such activities. You may not probe, scan, or test the vulnerability of the  Services or any network connected to the Services, nor breach the security or authentication measures of the Services or any network connected to the Services. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor to the Services, or any other customer of Gauges, including any Gauges accounts not owned by you. You may not use any inappropriate means to change the Services or the content in way that jeopardizes the functioning or security of the Services. You may not impersonate any individual or organization in order to gain access to the information and content available to them. Any activity that is unlawful or is specified in the terms of service as prohibited, is illegal. The use of such activities is liable to appropriate legal action.

Free Trial.
If you register for a free trial, Gauges will make some Services available to you on a trial basis, free of charge, until the earlier of

  • The end of the free trial period for which you registered to use the applicable Services;
  • The start date of any purchased Service subscriptions ordered by you for such Services; or
  • Termination of the trial by us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page.

ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA BEFORE THE END OF THE TRIAL PERIOD.

Provision of Purchased Services.
Gauges will:

  • Make the Services available to you pursuant to these Terms of Service and the applicable subscription plan;
  • Provide standard support for the Services to you at no additional charge; and
  • Use commercially reasonable efforts to make the online Services available twenty-four (24) hours a day, seven (7) days a week, except for:
  • planned downtime (of which we shall give advance electronic notice as provided in the Documentation); and
  • any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving our employees), Internet service provider failure or delay, or denial of service attack.

Protection of Your Personal Data.
The security of your personal information is important to Gauges. We have implemented reasonable administrative, technical, and physical security measures designed to secure and protect your Information from accidental loss and from unauthorized access, use, alteration, and disclosure. HOWEVER, as the transmission of information via the internet is not completely secure, although we do our best to protect your Information, we cannot guarantee the security of your information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services

Gauges Personnel.
Gauges will be responsible for the performance of its personnel, including Gauges employees and contractors, except as otherwise specified herein.

Beta Services.
From time to time, Gauges may make Beta Services available at no charge. You may choose to try the Beta Services at your discretion. Gauges will have no liability for any harm or damage arising out of or in connection with the Beta Services.

Usage Limits.
Services are subject to usage limits, including, for example, the quantities specified in selected plans. Your plan will include the features as selected/customized by you.

Fees and Transactions.
You will pay specified fees for all selected Services provided by Gauges.

Invoicing and Payment.
You will provide Gauges with valid credit card information. If you provide credit card information to Gauges, you authorize Gauges to charge such credit card for all purchased Services listed in the Order Form for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either monthly, quarterly, half yearly and annually or in accordance with any different billing frequency stated in the applicable Order Form.

Suspension of Service and Acceleration.
If any amount owing by you under this or any other agreement for our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts you have authorized us to charge to your credit card), we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend our Services to you until such amounts are paid in full.

Payment Dispute.
Gauges will not exercise its rights of suspension of Services and Acceleration if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

Taxes.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder.

Future Functionality.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

Indemnification.
You agree to defend, indemnify, and hold harmless Gauges, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your user Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Services or your use of any information obtained from the Services.

Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE WESBITE, ITS CONTENT, AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE  SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE  SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Entire Agreement.
The Terms of Service, our Privacy Policy, and Cookie Policy constitute the sole and entire agreement between you and Gauges regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. For our European customers, the entire agreement includes Data Processing Addendum along with the Terms of Service, the Privacy Policy and the Cookie Policy.