Terms & Conditions

Terms and Conditions: Google Analytics Support Plan provided through Stratigent, LLC

I.  Definition of Terms:

These Terms and Conditions (the "Agreement") set forth the terms and conditions that apply to Client’s use of the Google Analytics Support Plan (“Plan”) provided through Stratigent, LLC with Annual Auto-renewal Billing. For the purposes of this document, “Client” shall refer to the party receiving services, including all subsidiaries, and affiliates (directors, officers, employees, and agents) of the party. The terms and agreement of services documented herein supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. Plan coverage begins on the date of purchase ("Term") and will continue in force for twelve (12) months, at which time the Term shall automatically renew for successive one-year periods unless either party delivers written notice to the other party of its intention not to renew the Agreement at the end of the Term then in effect.

Google Analytics, AdWords and Website Optimizer are trademarks of Google, Inc. and are not affiliated with Stratigent and/or Plan.  Google, Inc. accepts no responsibility, liability and does not provide support to individuals choosing to use services or products offered by Stratigent and/or Plan.  All inquiries regarding Plan should be submitted to: info@googleanalyticssupport.com.

II.  Client Responsibility:

By accessing or purchasing Plan Client acknowledges that Client has read, understands and agrees to be bound by the Plan Terms and Conditions. Whenever applicable, Client may use any Plan products and services for report data owned by Client or otherwise under Client’s management and control.

Use of Plan requires access to Client’s Google Analytics, AdWords or Website Optimizer account(s). Data from these account(s)–which can only be accessed when granted by Client – are not shared by Stratigent and is intended for Client’s use only. In the event that cancellation by Stratigent or Client or  upon completion of Plan term, Client is responsible for removing Stratigent’s access to Client’s Google Analytics, AdWords or Website Optimizer account(s).

Whenever applicable, Client shall not:

1. use our products or services to review data not owned by Client or otherwise under Client’s management and control, unless has received permission from the person or entity who owns or otherwise has management and control of such data;

2. use our products or services to process or permit to be processed the data of a third party;

3. except as specifically set out above, use our products or services to publish, or provide to a third party, any results;

4. alter, merge, adapt, modify, translate, or create derivative works based on the product or service; or,

5. access the product or service with any automated software program unless Client has been granted permission in written consent from Stratigent, LLC.

III.  Payment:

A valid credit card is required for payment of Plan.    All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

IV.  Modifications to the Service and Prices:

a)     Stratigent reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice. .  

b)    Prices of Plan are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Google Analytics Support Plan provided through Stratigent, LLC website or in a notification email sent to customers.

c)     Stratigent shall not be liable to Client or to any third party for any modification, price change, suspension or discontinuance of the Service.

V.  Refund Policy:

If Plan is cancelled by Stratigent, Client will be notified and reimbursed for un-used prorated portion of plans fees within 30 days of cancellation.  If Plan is cancelled by Client, no refund is available.

VI.  Warranty:  

Provided that Client performs its obligations to Stratigent under these Terms and Conditions and except as further limited below and in Article IX as it relates to the services of third party providers, Stratigent warrants to Client that the Services performed by Stratigent will be performed consistent with generally accepted industry practice.  Stratigent’s warranty shall expire 30 days after the applicable project completion date or upon contract termination by the Client. Stratigent’s warranty shall only be effective if Client notifies Stratigent of the breach of warranty within 30 days after the applicable project completion date. Stratigent’s sole and exclusive obligation for breach of warranty shall be, at Stratigent’s option, to use commercially reasonable efforts to perform the Services in a manner that conforms to the warranty. The remedies set forth in this paragraph are the Client’s exclusive remedy for any breach of warranty.

Except for the express warranty set forth in the immediately preceding paragraph of these terms and conditions, Stratigent makes no warranty, express or implied, including, but not limited to, any warranty of merchantability, fitness for a particular purpose, noninfringement, design or suitability, with respect to the project or any goods, services or other materials delivered by Stratigent. Stratigent does not guarantee in any way that the results of any analysis and reports it produces are accurate. This warranty and liability under the agreement and this warranty shall be limited to no greater than the lesser of the cost of services required to correct a deficiency covered by this warranty or the sum of money paid by Client for the portion of the work which was deficient. In no event shall this warranty extend to a third party’s products or services.

VII.  Legal conditions:

Notwithstanding anything in these terms and conditions to the contrary, the entire liability of either party to the other arising out of these terms and conditions for the services performed hereunder shall be limited to the lesser of the amount actually paid by Client to Stratigent under the applicable proposal or contract or the portion of such contract or proposal that was deficient.

If any term or provision of this Proposal or Contract shall be found to be illegal and unenforceable then, notwithstanding, this agreement shall remain in full force and effect and such term or provision shall be deemed stricken.

In no event shall either party be liable for any indirect, special, exemplary, incidental or consequential damages (including loss of profits or data) whether based on contract, tort, strict liability or any other legal theory, even if such party was advised of the possibility of such damages in advance.

Client agrees to defend, indemnify, and hold harmless Stratigent, its shareholders, members, officers, directors, agents, and employees from any claims, demands, loss, damage, liability, or expense, including the payment of all attorneys’ fees (including but not limited to those for pre trial, trial and supplemental and appellate or bankruptcy related),  incurred which arise out of the acts or omissions of Client together with any claims by Client’s end-users against Stratigent for any acts or omissions of Stratigent or Client. This indemnification and agreement to hold harmless Stratigent shall include but not be limited to expenses, damages costs (including attorneys fees) resulting from any violation of trademark, copyright, right of privacy, slander or the like based on the acts of commission or omission of Client and or Client’s agents.

Should any suit, action or arbitration be commenced in connection with any dispute arising out of these Terms and Conditions or any applicable proposal or contract, or collection of a judgment there under, the prevailing party shall be entitled to recover its costs and disbursements, together with such investigation, expert witness and attorneys’ fees incurred in connection with such dispute, as the court or arbitrator may adjudge reasonable, at trial, in the arbitration, upon any motion for reconsideration, upon petition for review, and on any appeal of such suit, action or arbitration proceeding.

VIII.  Additional Terms For Third Party Providers:

The following paragraphs apply to third party vendors and suppliers and licensors and in the event of a conflict between the terms and conditions set forth above the additional terms set out in this Article IX shall prevail.

General. These Terms and Conditions (the "Agreement") set forth the terms and conditions that apply to Client’s use of the Google Analytics Support Plan (Plan) provided through Stratigent, LLC with Annual Auto-renewal Billing. Plan coverage begins on the date of purchase ("Term") and will continue in force for twelve (12) months, at which time the Term shall automatically renew for successive one-year periods unless either party delivers written notice to the other party of its intention not to renew the Agreement at the end of the Term then in effect.

Plan coverage is non-transferable and is valid for the Plan member only. Resale or transfer of membership rights in the Plan is strictly prohibited, and will constitute grounds for termination or non-renewal of Plan membership. During the Term, Plan members will receive support for the number of monthly hours purchased in their respective Plan.  Hours not used in a given month will not carry over to future months and will be forfeited.  For purposes of this Agreement, "incident" means a single issue or problem that a Plan member asks a support representative to analyze or resolve. Stratigent (together with any of its third party support service providers) reserves the right to limit each support contact to one hour and/or one incident whichever is less. Stratigent (together with any of its third party support service providers) may also limit or terminate Plan support, or may elect not to renew Plan membership to any Plan member who uses the services in an irregular, excessive, abusive, or fraudulent manner, as determined by Stratigent (together with any of its third party support service providers) in its/their sole discretion.  Stratigent (together with any of its third party support service providers) shall have the right to change or add to the terms of the Plan at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Plan (including but not limited to Internet-based services, pricing, technical support options, and other support-related policies) upon notice by any means Stratigent (together with any of its third party support service providers) determines in its/their discretion to be reasonable, including sending Client an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Plan or on any Stratigent sponsored web site.

IX.  Support Availability:

Support availability may occasionally deviate from published hours due to downtime for systems and server maintenance, company events, observed U.S. holidays, or events beyond Stratigent’s (together with any of its third party support service providers)  control. Internet access required; Plan members must go to the Google Analytics Support web site provided through Stratigent, LLC.  If a toll-free phone number is provided, it can only be used by Plan members within the United States, and a toll number would be provided for callers outside the United States. Stratigent (together with any of its third party support service providers) will not be responsible for long-distance telephone charges incurred in connection with the use of the Plan.

X.  Response Time Goal for Questions Submitted Online:

For questions submitted online using the designated contact request form, Stratigent (together with any of its third party support service providers) will attempt to respond to the member back within then-current published response times, if any, subject to variations due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond Stratigent’s (together with any of its third party support service providers) control.  This Section shall not be deemed a representation or warranty on Stratigent’s or its third party service providers behalf regarding the time within which a resolution, if any, may be available for any particular incident. No remedy is available for Stratigent’s (together with any of its third party support service providers) failure to meet the published response time goal.

XI.  Support Topic Limitations:

Stratigent (together with any of its third party support service providers) shall not be responsible for connectivity issues caused by other third-party services, service providers, hardware or software. Furthermore Stratigent will not be responsible or liable for any damages, costs, fees or expenses resulting from or connected to the acts of third party vendors or service-providers and any analytical or software tools or products or services such third parties provide whether through Stratigent or otherwise.

XII.  Stratigent Analytics Support:

Plan support is available for currently supported versions of the Plan availability for any particular version of the Plan is subject to change at any time without notice.

XII.  Non-Renewal Policy:

If a Plan member's use of support exceeds reasonable use of the Plan, as determined by Stratigent (together with any of its third party support service providers) in its/their sole discretion, Stratigent may choose not to renew a Plan member's subscription at any time. If Stratigent chooses not to renew a Plan on the basis of unreasonable usage, such determination shall not be deemed to preclude Client from purchasing support from Stratigent’s Support on a pay-as-you-go basis or under a limited incident Plan, if available and agreed to by Stratigent in writing and then only to the extent agreed.

XIV.  Disclaimer of Warranties and Limitation of Liability:

Products, support and services (paid or free) are provided on an “as is” basis, without any other representations, warranties or conditions, express or implied, written or oral, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing, or otherwise. Stratigent (together with any of its third party support service providers) do not warrant that the product, support or service will be uninterrupted, error-free, secure or without delay. Client assumes the entire risk as to the results and performance of the product or service. Stratigent (together with any of its third party support service providers) shall not have any liability to Client or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if Stratigent (together with any of its third party support service providers) has been advised of the possibility of such damages or they are foreseeable. Stratigent (together with any of its third party support service providers) is not responsible for claims by a third party. Stratigent (together with any of its third party support service providers) maximum aggregate liability to Client shall not exceed ten us dollar ($10 USD). The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to Client. This limitation of liability applies to liability arising from the third party service or product provider’s services or products and is intended to benefit such third party who shall have the right to enforce this limitation as if it and Client had specifically agreed to the terms of this limitation with one another.

XV.  Miscellaneous:

This Agreement (and any additional terms and conditions with which Stratigent (together with any of its third party support service providers) supplements this agreement) is a complete statement of the agreement between Client and Stratigent (together with any of its third party support service providers), and sets forth the entire liability of Stratigent (together with any of its third party support service providers) and its/their Suppliers and Client’s exclusive remedy with respect to the Plan described in Article IX above. The Suppliers, agents, employees, distributors, and dealers of Stratigent (together with any of its third party support service providers) are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Stratigent (together with any of its third party support service providers). Any waiver of the terms herein by Stratigent must be in a writing signed by an authorized officer of Stratigent and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will be governed by Illinois law as applied to agreements entered into and to be performed entirely within Illinois, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Du Page County, IL. Headings are included for convenience only, and shall not be considered in interpreting this Agreement.

XVI.  Privacy Statement:

Client’s use of the Plan set out in Article IX above is subject to Stratigent’s (together with any of its third party support service providers) privacy policies, as may be amended from time to time, as set forth in the Stratigent privacy policy at http://www.stratigent.com/privacy-policy/default.html.  By registering for this Plan, Client consents to the user of Client’s personally identifiable information in accordance with such privacy statement. Where Client has knowledge that a third party service provider or vendor or licensor is providing its services, or software or analytics or the like Client agrees that such third party’s Privacy policy will also apply to the information procured pursuant to such third party’s involvement with the project or services of Stratigent.

XVII.  Termination:

Client’s rights under this Agreement may be terminated by Stratigent immediately and without notice if Client fails to comply with any term or condition of this Agreement. Any termination of this Agreement shall not affect Stratigent’s or its third party service provider’s rights hereunder.

Stratigent reserves the right to stop or refuse service to anyone for any reason at any time.  If Plan is cancelled by Stratigent, Client will be notified and reimbursed for un-used prorated portion of plans fees within 30 days of cancellation

XVIII.  No Additional Rights:

Client acknowledges and agrees that except for the rights expressly granted above, all other right, title and interest, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of Stratigent or if applicable its third party service provider(s). Client is not authorized to use the Google Analytics Support name, Stratigent name or any of its trademarks in any manner whatsoever, without prior written approval and instruction from Stratigent, LLC.

Questions Regarding Terms and Conditions for Google Analytics Support Plan provided through Stratigent, LLC should be directed to info@googleanalyticssupport.com.