These Terms of Service are a contract between you and SankeyBuilder.com. SankeyBuilder.com Web Analytics Tools, Scripts and Reports and other services therein is collectively the Service. By using the SankeyBuilder.com site and any services accessible from the SankeyBuilder.com site, you are agreeing to be bound by the following terms and conditions (Terms of Service). If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the SankeyBuilder.com site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SankeyBuilder.com site, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SankeyBuilder.com site AT YOUR OWN RISK.
In order to open an Account on the SankeyBuilder.com site, you must (i) agree to these
Terms of Service, (ii) provide a valid email address, and (iii) provide any
other information required by SankeyBuilder.com during the registration process. You will
update this information to maintain its accuracy during the term of this
Service. You are responsible for maintaining the security of your account and
password. SankeyBuilder.com can not and will not be liable for any loss or damage from
your failure to comply with this security obligation. You are also responsible
for all content that you may post on the SankeyBuilder.com site (Content) and activity
that occurs under your Account (even when Content is posted by others who have
accounts under your Account). Personally identifiable information submitted by
One person or legal entity may not maintain more than one Free Account. Accounts registered by bots or other automated methods are not permitted.
SankeyBuilder.com hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the SankeyBuilder.com site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the SankeyBuilder.com site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the SankeyBuilder.com site. All rights not expressly granted to you are reserved by SankeyBuilder.com and its licensors. You shall not (i) modify or make derivative works based upon the SankeyBuilder.com site; (ii) reverse engineer or access the SankeyBuilder.com site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the SankeyBuilder.com site, or (c) copy any features, functions or graphics of the SankeyBuilder.com site. You further acknowledge and agree that, as between the parties, SankeyBuilder.com owns all right, title, and interest in and to the SankeyBuilder.com site, including all intellectual property rights therein.
You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the SankeyBuilder.com site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify SankeyBuilder.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to SankeyBuilder.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the SankeyBuilder.com site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the SankeyBuilder.com site itself (collectively, Equipment). You shall be responsible for ensuring that such Equipment is compatible with the SankeyBuilder.com site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
As a condition to your use of the SankeyBuilder.com site, you agree not to: upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services; phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the SankeyBuilder.com site; upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; use any manual or automated software, devices, or other processes to crawl, spider or screen scrape any web pages contained in the SankeyBuilder.com site; reverse engineer, decompile or disassemble any of the software used to provide the SankeyBuilder.com site; reproduce, duplicate or copy or exploit any other portion of the SankeyBuilder.com site, without the express written permission of HeatMap; interfere with or disrupt the SankeyBuilder.com site, or any servers or networks connected to the SankeyBuilder.com site, or disobey any requirements, procedures, policies or regulations of networks connected to the SankeyBuilder.com site; obtain, collect, store or modify the personal information about other users; modify, adapt or hack the SankeyBuilder.com site or falsely imply that some other site is associated with the SankeyBuilder.com site or HeatMap; or use the SankeyBuilder.com site for any illegal or unauthorized purpose. You must not, in the use of the SankeyBuilder.com site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to indemnify, hold harmless and defend SankeyBuilder.com, at your expense, against any and all third party claims, actions, proceedings, and suits brought against SankeyBuilder.com or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by SankeyBuilder.com or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the SankeyBuilder.com Script. In such a case, SankeyBuilder.com will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. SankeyBuilder.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
In the course of using the SankeyBuilder.com site, you may provide SankeyBuilder.com with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the SankeyBuilder.com site (collectively Feedback). You hereby grant SankeyBuilder.com a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
A valid credit card is required for paying accounts. Free accounts which provide limited access to the Service are not required to provide a credit card number. The SankeyBuilder.com site is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. You will be billed immediately upon upgrading your free account to a paid account. An upgrade from the free account to any paying account will end your free trial. You will be billed accordingly for the posted term or renewal of that term at the posted rate. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein. SankeyBuilder.com does not provide any tax reciepts for services rendered. DOWNGRADING THE SankeyBuilder.com site MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. SankeyBuilder.com DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
SankeyBuilder.com reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. SankeyBuilder.com may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that SankeyBuilder.com has no obligation to pre-screen or monitor your access to or use of the SankeyBuilder.com site or any information, materials or other content provided or made available through the SankeyBuilder.com site, but has the right to do so. You hereby agree that SankeyBuilder.com may, in the exercise of it's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly canceling your account. You can cancel your account at any time by replying to the setup email with the word CANCEL in the subject or via a PayPal subscription cancellation. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account on or after the day of cancellation either in writing from you or via a PayPal subscription cancellation. This information cannot be recovered from SankeyBuilder.com once your account is cancelled or payment has ceased or if Sankeybuilder.com has removed a free account for any reason. Please be aware that SankeyBuilder.com may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us. Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
SankeyBuilder.com reserves the right to terminate any Free Plan without notice.
SankeyBuilder.com in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. If SankeyBuilder.com determnes that you have more than one account under another Free Plan, it may be removed without notice or notification. In each such case SankeyBuilder.com may refuse to provide you any current or future use of the SankeyBuilder.com site, or any other SankeyBuilder.com service.
SankeyBuilder.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SankeyBuilder.com site and Service (or any part thereof) with or without notice. Prices of SankeyBuilder.com sites, including but not limited to annual or monthly subscription plan fees to the SankeyBuilder.com site, are subject to change at anytime. Such notice may be provided at any time by posting the changes to the SankeyBuilder.com site. SankeyBuilder.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the SankeyBuilder.com site. SankeyBuilder.com reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current SankeyBuilder.com site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the SankeyBuilder.com site after any such changes shall constitute your consent to such changes.
We claim no intellectual property rights over the material you provide to the SankeyBuilder.com site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content. SankeyBuilder.com does not pre-screen Content, but SankeyBuilder.com and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the SankeyBuilder.com site. Notification of Claims of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify HeatMap's agent for notice of claims of copyright or other intellectual property infringement (Agent), at supportatsankeybuilderdotcom. Please provide our Agent with the following Notice: Identify the material on the SankeyBuilder.com site that you claim is infringing, with enough detail so that we may locate it on the website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature. SankeyBuilder.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE
SankeyBuilder.com site ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITH NO
WARRANTIES WHATSOEVER. SankeyBuilder.com AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SankeyBuilder.com AND ITS
LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SERVICES. SankeyBuilder.com DOES NOT WARRANT THAT (I)
THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SankeyBuilder.com site WILL BE CORRECTED. SankeyBuilder.com AND ITS LICENSORS
DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH
THE SERVICES. SankeyBuilder.com AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE SankeyBuilder.com SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED BY THE SankeyBuilder.com site.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE Script, Reports and ANY CONTENT ON THE SankeyBuilder.com site AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is provided to all customers via email. Paid customers recieve support in under 72 hours via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL SankeyBuilder.com, OR ITS LICENSORS BE LIABLE TO YOU ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR SankeyBuilder.com
site ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER
HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, (EVEN IF SankeyBuilder.com OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR SankeyBuilder.com
site, FROM INABILITY TO USE THE SERVICES OR SankeyBuilder.com site, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR SankeyBuilder.com site
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR SankeyBuilder.com site OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SankeyBuilder.com SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall SankeyBuilder.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of British Columbia Canada, without giving effect to its conflict of laws provisions or your actual province or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of SankeyBuilder.com. Questions about the Terms of Service or Billing should be addressed to the supportatsankeybuilderdotcom email account.
SankeyBuilder.com is committed to protecting your privacy and the protection of the data it captures. We are not in the business of selling private data to third parties. This Statement of Privacy applies to the SankeyBuilder.com Web site and governs data collection and usage. By using the SankeyBuilder.com website, you consent to the data practices described in this statement.
SankeyBuilder.com clients may use tools to analyze click data results and potentially
make modifications to their site to improve the effectiveness of their business, increase traffic and make it easier for visitors to use.
This data may include how visitors navigate around a web page and the most commonly clicked links on a specific page.
SankeyBuilder.com also collects certain technical information, such as the browser version and operating system, etc.
There is also information about your computer hardware and software that is automatically collected by SankeyBuilder.com. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by SankeyBuilder.com for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the SankeyBuilder.com Web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through SankeyBuilder.com public message boards, this information may be collected and used by others. Note: SankeyBuilder.com does not read any of your private online communications.
SankeyBuilder.com encourages you to review the privacy statements of Web sites you choose to link to from SankeyBuilder.com so that you can understand how those Web sites collect, use and share your information. SankeyBuilder.com is not responsible for the privacy statements or other content on Web sites outside of the HeatMap, and SankeyBuilder.com family of Web sites.
SankeyBuilder.com collects and uses your personal information to
operate the SankeyBuilder.com Web site and deliver the services
you have requested. SankeyBuilder.com also uses your personally
identifiable information to inform you of other products or services available
from SankeyBuilder.com and its affiliates. SankeyBuilder.com may also contact you via surveys to conduct research about your
opinion of current services or of potential new services that may be offered.
SankeyBuilder.com does not sell, rent or lease its customer lists to third parties. SankeyBuilder.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, SankeyBuilder.com may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to HeatMap, and they are required to maintain the confidentiality of your information.
SankeyBuilder.com does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
SankeyBuilder.com keeps track of the Web sites and pages our customers visit within SankeyBuilder.com, in order to determine what SankeyBuilder.com services are the most popular. This data is used to deliver customized content and advertising within SankeyBuilder.com to customers whose behavior indicates that they are interested in a particular subject area.
SankeyBuilder.com Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SankeyBuilder.com or the site; (b) protect and defend the rights or property of SankeyBuilder.com; and, (c) act under exigent circumstances to protect the personal safety of users of SankeyBuilder.com, or the public.
The SankeyBuilder.com web site and services use "cookies" to help you
personalize you or your visitors online experience. A cookie is a text file that is placed on
your hard disk by a web page server. Cookies cannot be used to run programs or
deliver viruses to your computer. Cookies are uniquely assigned to you, and can
only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize SankeyBuilder.com pages, or register with SankeyBuilder.com site or services, a cookie helps SankeyBuilder.com to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same SankeyBuilder.com web site, the information you previously provided can be retrieved, so you can easily use the SankeyBuilder.com features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the SankeyBuilder.com services or web sites you visit.
SankeyBuilder.com secures your personal information from unauthorized access, use or disclosure. SankeyBuilder.com secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.
SankeyBuilder.com will occasionally update this Statement of Privacy to reflect company and customer feedback. SankeyBuilder.com encourages you to periodically review this Statement to be informed of how SankeyBuilder.com is protecting your information.
SankeyBuilder.com welcomes your comments regarding this Statement of Privacy. If you believe that SankeyBuilder.com has not adhered to this Statement, please contact us at supportatSankeyBuilder.com and we will use commercially reasonable efforts to promptly determine and remedy the problem.