These Netasure Account Terms & Conditions ("Terms") are entered into by you and Netasure, LLC. ("Netasure"). "You" or "you" means the party listed on the account you create and you represent you have the authority to agree to this Agreement for that party. You represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, any third party for which you generate code snippets or collect feedback for. You hereby agree and acknowledge:
2 Cancellation. You may independently cancel service at any time (such cancellation is generally effective within 72 hours). Netasure may immediately cancel the Program or these Terms at any time with notice. Netasure may modify the Program or these Terms at any time without liability and your use of the Program after notice that Terms have changed indicates acceptance of the Terms. Sections 1, 2, 4, 5, 6 and 7 will survive any expiration or termination of this Agreement.
3 Prohibited Uses. You shall not, and shall not authorize any party to: generate automated, fraudulent or otherwise invalid monitoring. You represent and warrant that (a) all your information is correct and current; (b) you hold and grant Netasure and Partners all rights to copy, distribute and display Creative and Targets ("Use"); and (c) such Use and websites referencing Netasure's Program or Service (including services or products therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of this Agreement or your account without notice and may subject you to legal penalties and consequences.
4 Disclaimer and Limitation of Liability. NETASURE INDEED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Netasure disclaims all guarantees regarding accuracy or timing of: (i) uptime monitoring supplied data, (ii) data generated by automated scripts not created by Netasure, (iii) information received from any web browser, (iv) cookies placed by Netasure on behalf of you (v) values of any data received. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND YOUR BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO INDEED BY YOU FOR THE SPONSORED ADS GIVING RISE TO THE CLAIM.
5 Payment. You shall be charged at an interval you choose that is
available upon signing up. Netasure may change intervals at anytime and
does not guarantee any interval of payment will be available upon subscription. If
payment is not received within 48 hours of subscription renewal, Netasure
may take an account offline until payment is received. Taking an account offline
means that reports will not be updated with the latest website monitoring. If payment
has not been received within 30 days after the due date, Netasure may
block an account. A blocked account will not be able to access any online reports
or account information. You shall pay all charges in US dollars. Charges are exclusive of
taxes. You are responsible for paying (y) all taxes and government charges, and
(z) reasonable expenses and attorney fees Netasure incurs collecting late
amounts. You waive all claims relating to charges unless claimed within 60 days
after the charge (this does not affect your credit card issuer rights). Charges
are based on Netasure's monthly subscription fee and any applicable setup fees.
Netasure offers a 30 day money back guarantee ("Refund Program"), which can be found at:
By agreeing to these terms, you also agree to our Refund Program. You acknowledge and
agree that any credit card and related billing and payment information that you provide to
Netasure may be shared by Netasure with companies who work on Netasure's
behalf, such as payment processors and/or credit agencies, solely for the
purposes of checking credit, effecting payment to Netasure and servicing your
account. Netasure may also provide information in response to valid legal
process, such as subpoenas, search warrants and court orders, or to establish
or exercise its legal rights or defend against legal claims. Netasure shall not
be liable for any use or disclosure of such information by such third parties.
6 Indemnification. You shall indemnify and defend Netasure, its agents, affiliates, and licensors from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Targets, Creative and Services and breach of the Agreement.
7 Miscellaneous. The Agreement must be construed as if both parties jointly wrote it, governed by Utah law except for its conflicts of laws principles and adjudicated in Salt Lake County, Utah. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents by email, but any modifications by you to the Agreement must be made in a writing (not including email) executed by both parties. Any notices to Netasure must be sent to: Netasure, LLC., 2736 Double Eagle Dr, Lehi, UT 84043, USA, via first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than 15 days after having been posted (for messages in your Netasure Ads interface). A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You may not assign any of your rights hereunder and any such attempt is void. Netasure and you and Netasure Partners are not legal partners or agents, but are independent contractors.
8. Site Terms and Conditions Modifications
Netasure.com may revise these terms and conditions for its web site at any time
without notice. By using this web site you are agreeing to be bound by the then
current version of these Terms and Conditions of Use.
9. Governing Law Any claim relating to Netasure.com's web site shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.
10. Revisions and Errata The materials appearing on Netasure.com's web site could include technical, typographical, or photographic errors. Netasure.com does not warrant that any of the materials on its web site are accurate, complete, or current. Netasure.com may make changes to the materials contained on its web site at any time without notice. Netasure.com does not, however, make any commitment to update the materials.
11. LINKS Netasure.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Netasure.com of the site. Use of any such linked web site is at the user's own risk.