Please read these Terms of Service carefully before using the Software.
For the purposes of these Terms of Service:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing
- “Account” means a unique account created for You to access our Software or parts of our Software.
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by the User, regardless of the form of that content.
- “Device” means any device that can access the Software now or in the future, including, but not limited to a computer, a cell phone, or a digital
- “Feedback” means feedback, innovations or suggestions sent by the User to the Company regarding the attributes, performance or features of our
- “Website” refers to CONFER ANALYTICS, accessible from conferanalytics.com
- “User” means the individual accessing or using the Software, or the company, or other legal entity, on behalf of which such individual is accessing or using the Service, as applicable.
- “User Entity” means the company or legal entity purchasing access to the Website.
1. License Grant
• Download, install and use the Software for User’s own internal, non-commercial purposes on a Device owned or otherwise controlled by User; and
• Access and use on such Device the Services and the Content that are made available in, or otherwise accessible through, the Software.
2. License Fee
3. License Restrictions
• Sublicense, sell, distribute, rent, lease, transfer, loan or otherwise convey or commercially exploit the Software or the Content made available through the Software or any portion thereof to anyone, and under no circumstance may You use or allow the use of the Software in any manner other than as expressly set forth above.
• Modify the Software, incorporate the Software in whole or in part in any other product, create derivative works based on all or part of the Software;
• Use the Software in connection with a service bureau, time sharing or fee-for- service arrangement with third-parties;
• Remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Services;
• Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer, or otherwise attempt to derive any of the Software’s source code;
• Access, view any source code or object code of HCCI or Our licensors (if applicable);
• Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software. If You dispose of any media embodying Software or Content, You will ensure that You have completely erased or otherwise destroyed any Software and Content stored on such media; or
• Use the Software in breach of any applicable laws or regulations.
4. User Accounts
5. Service Levels.
6. Content Backups
7. Intellectual Property
8. Reservation of Rights
• The Software is licensed to User, not sold, and HCCI transfers no ownership interest in the Software, in the intellectual property in any Software or in any Software copy, to User under these Terms or otherwise;
• HCCI reserves all rights not expressly granted to User hereunder;
• HCCI reserves and shall retain all right, title and interest in and to the Software (including, but not by way of limitation, any images, algorithms, photographs, animations, video, audio, music and text incorporated in the Software);
• The Software is protected by United States Copyright Law and international treaties relating to protection of copyright; and
• The Software includes, and these Terms will cover, any updates, upgrades or bug fixes for the Software provided to User.
9. Your Feedback to Us
10. Links to Other Websites
11. Suspension of Services; Termination
If the User wishes to terminate their Account, simply notify HCCI in writing with a 30 days’ advance notice. Additionally, User agrees to immediately notify HCCI in writing in the event any person within its organization with an assigned User Account terminates (either voluntary or involuntarily) such person’s affiliation with User.
HCCI has the right to cancel User’s access to the Account at any time at our discretion for any reason or for no reason. Without limiting the generality of the foregoing, User specifically acknowledge that HCCI has the right to terminate or suspend User’s Account in the event that we determine, at our sole discretion, that User has violated these Terms, including participating in any activities that adversely affect other users’ experiences. Additionally, HCCI has the right to immediately terminate or suspend User’s Account due to non-payment, as outlined in Section 2 of these Terms. Unless we have expressly agreed to otherwise, we are not obligated to provide User with the reason for suspending or terminating User’s access to the Software. User agrees not to use the Software or the Website if User has been previously removed or banned by HCCI.
HCCI may also suspend or terminate User’s access if we have reason to believe that User has violated or may have violated another’s intellectual property rights.
User acknowledges and agrees that the Software is under development and will continually change as HCCI may determine from time to time. HCCI reserves the right to terminate any portion of the Software or any services related to the Software at any time.
12. Limitation of Liability
USER WILL NOT HOLD HCCI LIABLE FOR ISSUES STEMMING FROM INACCURATE DATA RECEIVED FROM EXTERNAL SOURCES OR USER. IN NO EVENT WILL THE COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDE BREACH OF CONTRACT, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE. NOTWITHSTANDING ANY DAMAGES THAT MIGHT INCURRED, THE ENTIRE LIABILITY OF HCCI AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT ACTUALLY PAID BY THE USER THROUGH THE SERVICE; OR (II) $100 U.S. (IF USER MADE NO PURCHASES THROUGH THE SOFTWARE). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HCCI OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, THE COST TO COVER, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS), EVEN IF HCCI OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DAMAGES WERE OTHERWISE FORESEEABLE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THESE TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. “AS IS” and “AS AVAILABLE” Disclaimer
THE SOFTWARE IS PROVIDED TO USERS “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HCCI, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HCCI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET USERS’ REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, NEITHER HCCI NOR ANY OF THE COMPANY’S PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SOFTWARE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SOFTWARE; OR (IV) THAT THE SOFTWARE, ITS SERVERS, THE CONTENT, OR E- MAILS SENT FROM OR ON BEHALF OF HCCI ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
USER ACKNOWLEDGES THAT THE ALLOCATION OF RISK IN SECTIONS 10, 11, AND 12, IS REASONABLE AND HCCI WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION, AND COMPANY ESTABLISHES ITS FEES FOR THE OFFERINGS IN RELIANCE UPON SUCH ALLOCATION.
14. Third-Party Products
15. Governing Law
The laws of the United States of America, State of Illinois, excluding its conflicts of law rules, shall govern these Terms and Users’ use of the Software. A user’s use of the Software may also be subject to other local, state, national, or international laws.
The parties hereby consent to the exclusive jurisdiction and venue in the state courts in [Cook] County, Illinois or any federal court located therein. In any action or proceeding to enforce or interpret these Terms, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys’ fees) that it incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
16. For European Union (EU) Users
17. United States Legal Compliance
18. Complete Agreement; Severability and Waiver
20. Changes to These Terms of Service
21. Section Headings.
22. Notices; Contact Us
Notices to User hereunder shall be sent to the email address provided in User’s Account. Notices to HCCI shall be sent to CONFER ANALYTICS for Home Centered Care c/o Home Centered Care Institute, 1900 East Golf Road, Suite 480, Schaumburg, IL 60173. Each party may change such address upon written notice to the other party.
If you have any general questions about these Terms of Service, contact us: