web analytics and web statistics

MetriServe provides web analytics services for the web sites of its customers for the term of this agreement. Included in the service is the collection and aggregation of web metrics of web site visitors as described in the applicable help and documentation files as well as the real-time reporting of said information in aggregated form in the online reporting tool. The service is accessible on the World Wide Web using a web browser.

For each service account, MetriServe delivers and licenses for the term of this agreement a unique account number and a copy of the client-side Javascript code for inclusion by the customer in the web pages of the customer only. MetriServe does not grant any right to the Javascript code and retains ownership of all code.

The customer will own the reports generated in the online reporting tool, including offline reports. The customer can copy, publish, distribute, archive, backup and use the reports for any legal purposes. MetriServe will keep the aggregated web metrics and generated reports of the customer strictly confidential.

MetriServe will not collect, use or archive any personal information from the visitors of the web sites of the customer. MetriServe will collect, use and archive in aggregated form some non-personal information from the visitors of the web sites of the customer as stated in its privacy policy. MetriServe will comply with all applicable privacy laws.

If the customer terminates this agreement within the fist seven days of the start of the term a full refund of the first monthly fee will be issued.

This service is subject to a monthly (30 days) fee as set forth during the sign up procedure. MetriServe will collect the fee at the start of every 30-day period for the term of this agreement. Once a new 30-day period has started, the fee for that period will be non-refundable. In case the 7 day money back guarantee applies a full refund of the first monthly fee will be issued.

The initial term for this agreement starts on the date of the sign up procedure and continues until termination by either party.

Either party may choose to terminate this agreement upon 15 days advance. In case the 7 day money back guarantee applies, no advance notice wil be required from the customer for termination of this agreement. MetriServe reserves the right to terminate this agreement without 15 days advance notice if the customer fails to pay due service fees. Upon termination or expiration of this agreement the customer will delete all copies of Javascript code from all web pages.

All notices required under this agreement from one party to the other must be in writing by email and to the email addresses set forth on the contact page of the MetriServe web site and the email addresses entered by the customer during the sign up procedure.

Either party may refer generally to the existence of this agreement and use the other party's name in press releases, on web sites and other promotional material, but will not reveal financial arrangements or other proprietary information contained in this agreement. An exemption from this publicity clause will be granted upon explicit request by either party.

This agreement will be governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflicts of law. Exclusive venue for any dispute arising under or relating to this agreement will be the Courts of Brussels, Belgium.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT THE SOLE RISK OF THE CUSTOMER. METRISERVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
METRISERVE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET THE CUSTOMER 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) THERE WILL BE NO DATA LOSS, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE OWN DISCRETION AND RISK OF THE CUSTOMER. THE CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM METRISERVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
METRISERVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF METRISERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.