Terms Of Use


Welcome to the Webtrends web sites (the "Site"). Please carefully read the following terms and conditions (the "Terms of Use") that govern your use of the Site. By accessing or using this Site you accept these Terms of Use. If you are using the Site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf. If you do not agree to all of these Terms of Use, do not use this Site. Webtrends reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

1. Materials
The information, software, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, video, pictures, content and other materials (collectively, "Materials"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Materials contained on the Site are owned by Webtrends and/or its suppliers, and are protected by law, including copyright and trademark laws and various other intellectual property, unfair competition laws and international treaties. Webtrends and/or its suppliers reserve all rights in the Materials. Nothing on the Site shall be construed as conferring any license in Webtrends' or its suppliers' intellectual property rights, whether by implication, estoppel or otherwise. Except as provided below, or as specifically permitted in other sections of the Site, you may not reproduce, republish, post, transmit or distribute any Materials on the Site.

You may use information on Webtrends products and services (such as white papers, press releases, datasheets, and product documentation) purposely made available by Webtrends for downloading from this Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such documents only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such documents, and (4) not make any representation or warranties relating to such documents.

Additional terms and conditions apply to purchases of any Webtrends products or services and to specific portions of features of the Site, all of which terms are made a part of these Terms of Use by this reference. Webtrends' obligations, if any, with regard to its products or services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements and terms.

2. Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Webtrends reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Webtrends server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Webtrends, including any Webtrends account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Webtrends' systems or networks, or any systems or networks connected to the Site or to Webtrends.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Webtrends on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Material for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Webtrends or others. You agree that Webtrends may, in its sole discretion, at any time terminate your access to the Site. Access to the Site may be monitored by Webtrends.

3. Passwords and Security
If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Webtrends immediately of any unauthorized use of your account or any other breach of security. Webtrends will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Webtrends or another party due to someone else using your account or password. You may not use anyone else's account at any time.

4. Links to Third Party Web Sites
Links to third party Web sites on this Site are provided as a convenience to you. Such third party sites are not under Webtrends' control, and Webtrends does not assume any responsibility or liability for any communications or materials available at such linked sites. Webtrends does not intend links on the Site to be referrals or endorsements of the linked entities or their products.

5. Privacy Policy
Webtrends is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at http://www.Webtrends.com/AboutWebtrends/PrivacyPolicy.aspx. Additionally, by using this Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

6. Note about Minors
Minors are not eligible to use the Site, and Webtrends asks that they do not submit any personal information to Webtrends. By using the Site, you represent that you are at least 18 years old.

7. Export Restrictions/Legal Compliance; International Use
Services and Materials derived or obtained from this Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Materials and/or services from this Site to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, content, or direct product from this Site to prohibited countries and entities identified in the U.S. export regulations. By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all applicable local laws.

8. Contact Information
If you have any questions regarding these Terms of Use or the website, please contact Webtrends at webmaster@Webtrends.com.

9. Disclaimer of Warranty
THE MATERIALS AND SERVICES MADE AVAILABLE AT THIS SITE OR DERIVED OR OBTAINED FROM THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Webtrends does not warrant the accuracy or completeness of the Materials or services available at this Site. Webtrends may make changes to the Materials and services at this Site, or to the products and prices described therein, at any time without notice. The Materials and services at this Site may be out of date, and Webtrends makes no commitment to update the Materials and services at this Site. Where applicable law does not allow the exclusion of implied warranties, this exclusion applies to you to the fullest extent permitted by law.

10. Limitation of Liability
IN NO EVENT WILL WEBTRENDS, ITS SUPPLIERS, ITS LICENSORS OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WEBTRENDSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS OR EXCLUSIONS APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

11. DMCA Policy
If you are notifying us of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC section 512:
  1. A physical or electronic signature of a person authorized to act on behalf o the owner of the copyright you are alleging is being infringed.
  2. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
  6. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
  7. Designated Agent for Notification of Claimed Copyright Infringement
Name: James McDermott
Title: VP and General Counsel
Address: Webtrends Inc.
851 SW 6th Avenue, Suite 600
Portland, OR 97206
E-Mail: contracts@webtrends.com
Phone: 503-294-7052
Fax: 503-294-7130

12. Violation of these Terms of Use
Webtrends may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Webtrends' rights or property, or the rights or property of visitors to or users of the Site, including Webtrends' customers. Webtrends reserves the right at all times to disclose any information that Webtrends deems necessary to comply with any applicable law, regulation, legal process or governmental request. Webtrends also may disclose your information when Webtrends determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Webtrends may preserve any transmittal or communication by you with Webtrends through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Webtrends determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Webtrends, its employees, users of or visitors to the Site, and the public.

13. Indemnification
You agree to defend, indemnify and hold harmless Webtrends, its affiliate and its respective officers, directors, principals, employees, contractors, agents and affiliates harmless from and against any and all demands, claims, damages, losses, costs and expenses, including, without limitation, reasonable attorneys' fees and costs of suit, arising or resulting from your use or misuse of the Site or Materials or any associated services.

14. Blog Terms
The following terms apply to your access to and usage of one or more Webtrends blogs ("Blog"). If available, you or a third party ("Users") may post, submit, link to or display Materials on a Blog. Webtrends does not claim ownership of the Materials you or any other User provides. By posting, submitting, adding, uploading, linking to or displaying any Material to a Blog, you grant us and our licensors, suppliers, licensees and all other Users a worldwide, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense, in any manner whatsoever, for no compensation, to (a) use, copy, distribute, transmit publically, publically perform, edit, translate, link to, frame, reformat, publish, transcode, display, modify and otherwise create derivative works of your Materials, (b) display advertising on or in close association with your Materials, and (c) publish your name in connection with your Materials. If you do not agree to the foregoing license in your Materials you should not post , submit, add, upload, link to or disply any Materials on a Blog. For every Material you post, submit, add, upload, link to or display on a Blog, you must have all rights necessary for you to grant the permissions in this Section 14. Notwithstanding the foregoing, we shall not be obligated to take action based upon any Materials provided by you.

In addition, you shall not post, submit, add, upload, link to or display on or through a Blog, or otherwise engage in any conduct in connection with any Blog that:
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or
  • impersonates any person, business or entity, including Webtrends and its employees and agents.
  • infringes or violates any intellectual property, privacy or other proprietary rights of any other party.
You agree that Webtrends is not liable for any Material that is provided by any User of a Blog. We have no duty to pre-screen content, but we have the right to refuse to post , to delete or to edit submitted Material. We reserve the right to remove any Material for any reason, but we are not responsible for any failure or delay in removing such Material. All other terms and conditions specified in this Terms of Use apply to your use of a Blog, and any reference to "Site" shall also include all Blogs.

15. General Terms and Conditions
The Terms of Use constitute the entire agreement between you and Webtrends relating to your use and access of the Materials and the Site, and cancel and supersede any prior versions of the Terms of Use. No modification of these Terms of Use by you will be binding, unless in writing and signed by an authorized Webtrends representative. Webtrends may from time to time modify these Terms of Use as described in the first paragraph of these Terms of Use. You are subject to additional terms and conditions that apply when you use and/or license Webtrends or third-party products or services.

Oregon law and controlling U.S. federal law govern any action related to the Terms of Use, the Site and/or your use of the Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms of Use. The Uniform Computer Information Transactions Act, as adopted or amended from time to time, will not apply to any dispute under the Terms of Use. You and Webtrends agree to submit to the personal and exclusive jurisdiction of the courts located within Multnomah County, Oregon, U.S.A. Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

© 2009 Webtrends Inc. All Rights Reserved.
Revised: April 16, 2009