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Terms & Conditions

General Terms and Conditions – evalue analytics by Engagement Labs

Welcome to #evalue analytics by Engagement Labs! Engagement Labs offers real-time social media data, analytics and insights for organizations that are actively engaging on social networks. We extract business intelligence from user generated data (BIG DATA) and transform it into actionable data for corporate clients, brands and social media teams. Engagement Labs created #esuite™, an Intelligent Data on Demand platform for agencies, marketing teams and dashboard providers. Offered under SaaS or through an API, #esuite™ provides comprehensive analytical metrics to measure social media performance.

1.0 Your use of Engagement Labs’ Services

The Services and this web site (the “Site”) are provided by Engagement Labs, a Canadian corporation. Your use of Engagement Labs' products, software, services and websites is subject to the General terms of a legal agreement between you and Engagement Labs contained in this document and/or any other document expressly referred to herein. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

Your agreement with Engagement Labs will also include all subscription rates and payment terms applicable to the Services chosen by you (the “Payment Terms”). The Payment Terms, including any related additional terms applicable to your subscription, are published on Engagement Labs website or are otherwise made available to you either within, or through your use of, the Service you subscribe to. Depending on which Services you subscribe to, your agreement with Engagement Labs may also include the terms of any Legal Notices applicable to such Services and/or certain terms specific to the use of such Services, in particular terms related to data collection. Where Specific Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service, or will be provided to you separately, upon your request.

The General Terms, together with any related Specific Terms applicable to your subscription and the Payment policy, form a legally binding agreement between you and Engagement Labs in relation to your use of the Services. It is important that you take the time to read them carefully.

2.0 Authorized Users

In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms. The Site is not intended for minors. If you are under 18 years old you may not register with or otherwise provide personal information to our Site. You can accept the Terms by (a) clicking to accept or agree to the Terms, where this option is made available to you by Engagement Labs in the user interface; or (b) by payment for the Services; or (c) by actually using the Services. In this case, you understand and agree that Engagement Labs will treat your use of the Services as acceptance of the Terms from that point onwards.

You may not use the Services and may not accept the Terms if you are contracting on behalf of an entity, you are not authorized to legally bind your company or organization to such terms; or you are a person or entity barred from receiving the Services under the Canadian Law.

3.0 Free Trial

Engagement Labs may offer free trials for selected features of the Services. Once your free trial period ends, your ability to access some or all of the Services will terminate. You agree that we reserve the right to determine if you are eligible for a free trial and to discontinue any free trial without notice for any or no reason.

4.0 Payment policy

The evalue analytics services are provided by Engagement Labs for consideration. The up to date prices applicable to your use of the services are published on the services website http://www.evaluesuite.com?properties=%2C&plan;=trial for configurations of the services eligible for online purchase and by using the Services at a particular moment you agree to the prices published as of that moment. You can pay for the services by entering your credit card information on the Services website. If you sign up for the services online, you agree that you will be charged periodically by Engagement Labs pursuant to the payment conditions specified at checkout. You expressly acknowledge and agree that the initial price may change if you upgrade or change your subscription plan within the service. You will always be informed about the price modification prior to making the upgrade or changing your subscription. Engagement Labs is not responsible for the payment processing provided by any third party.

You acknowledge and agree that if Engagement Labs disables access to your account for nonpayment or other material breach of the Terms, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account. As part of this continuing innovation, you acknowledge and agree that Engagement Labs may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Engagement Labs’ sole discretion, without prior notice to you.

5.0 Your use of the #evalue analytics services

Engagement Labs will ask you to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Engagement Labs will always be accurate, correct and up to date.

You agree to use the #evalue analytics services only for purposes that are permitted by (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada, the EU, the United States or other relevant countries); and (c) any other applicable rules (including, without limitation, the Facebook rules).

Unless you have been specifically allowed to do so in a separate agreement with Engagement Labs you agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Engagement Labs. You also agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

You agree that you will not engage in any activities that may amount to the misuse of our services that seeks to circumvent the Services’ terms. For example, if Engagement Labs provides you with any portion of a Service for free (as part of a trial, pilot or otherwise), you may not engage in data mining or other excessive use of the Service, beyond what is permitted by the free Service (and as advertised for that free Service at the time of the relevant promotion). Engagement Labs reserves the right to limit the customer’s activity on any of its free Services for any reason and without notice.

You agree that you are solely responsible for (and that Engagement Labs have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Engagement Labs may suffer) of any such breach.

6.0 Your passwords and account security

Engagement Labs is not responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Therefore, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify Engagement Labs immediately at support at Engagement Labs dot com.

Engagement Labs may offer users to choose from a form or Facebook Connect to create an account. If your Facebook Account is deleted, you are obliged to inform Engagement Labs about this situation. You may no longer be able to access the Services if your Facebook account is deleted.

7.0 Privacy and your personal information

The privacy of your personal information is of the utmost importance to Engagement labs Inc. (“Company”, “we”, “us” or “our”, as appropriate). This Privacy Policy covers the information that we collect about you upon doing business with you or that you provide to us online through our website located at http://www.engagemenlabs.com (the “Site”). By providing us with your personal information or by visiting our Site, you agree to be bound by the terms and conditions of this Privacy Policy. This Privacy Policy does not apply to personal information about our employees, partners or contracted staff, which is dealt with in a separate policy.

7.1 Collection and use of your personal information

Engagement Labs may collect your personal information such as your name, contact information, postal code, and e-mail address when you are contacting us and when you make an inquiry through our website. You will usually know when we collect this information because you will be asked to provide us with your information. We will use this information to manage our business relationship with you, to contact you in order to answer your questions and requests, to provide you with the information or services which you have requested or to send you information about our various products and services, or other products and services we feel may be of interest to you, in compliance with anti-spam laws. Your personal information may also be used to support your customer relationship with the Company and will allow us to help you quickly find information on our Site and alert you of product upgrades, special offers, updated information and other new products and services from the Company.

If you do not want to receive such mailings, simply inform us when you provide us with your personal information and keep in mind that at any time, you can easily opt-out of receiving further marketing from us by contacting us at requests@engagementlabs.com and requesting to have your name removed from our marketing lists. In addition, with respect to mailings sent via email, you may also click the “unsubscribe” link in the email to have your email address removed from our marketing list. All requests to unsubscribe will be handled in a prompt and efficient manner and in accordance with applicable anti-spam laws. The Company may enhance or merge your information collected at the Site with data from third parties for purposes of marketing products or services to you.

7.2 Security of personal information.

Engagement Labs will use reasonable security measures to protect your personal information against unauthorized access. Please be careful whenever sending personal information to Company via e-mail. E-mail is generally not a secure means of transferring information. We therefore cannot guarantee that this information will not be lost or used in a fraudulent manner and we encourage the use of e-mail encryption to communicate with us.

We regularly review our compliance with our Privacy Policy. We also adhere to several self-regulatory frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

7.3 Use of personal information

You agree that Engagement Labs' servers may automatically record information when you visit our website or use some of our products, including the URL, IP address, browser type and language, and the date and time of your request; this helps us analyze usage of the system for further improvements and our health metrics. Other information, such as browser and language are gathered by software which we use for site monitoring.

Engagement Labs may use personal contact information collected from you to contact you in the future regarding their Services. You agree that Engagement Labs may also share personal information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services; provided that in such circumstances Engagement Labs will only share the limited personal information that is required to be shared in the unique situation.

You agree that Engagement Labs may process your personal information, within the scope and for the purposes stipulated in this Section 7, for the entire term of your registration for any Engagement Labs Services. You are entitled to access and correct your personal information, request blocking, correction, supplementing or liquidation of your personal information if they are incorrect or if you believe that our processing of your personal information is in contradiction with the protection of your private and personal life or in contradiction with the law; in such case, you are also entitled to appeal directly to the relevant Data Protection Authority. You can at any time request information about the processing of your personal information and Engagement Labs will provide such information to you free of charge. You may also revoke your consent with the processing of your personal information at any time; however, in such case Engagement Labs may no longer be able to offer you our Services.

With respect to any personal data that you provide us in connection with the Services (if any), you (a) instruct us to process such data, for the term of your legal agreement with Engagement Labs under which you receive the Services, for the purpose of providing the Services to you; this may include troubleshooting aimed at preventing, detecting and repairing problems affecting the operation of the Services and the improvement of features that involve the detection of, and protection against, emerging and evolving threats to the user (such as malware or spam); and (b) authorize us to use such data for the purposes and in the scope described in this Section.

Engagement Labs has implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines in accordance with good industry practice and having regard to the state of technological development to protect your data against accidental loss, destruction, or alteration; unauthorized disclosure or access (including but not limited to taking reasonable steps to ensure the reliability of employees having access to your data and providing for limited access rights and access controls; authentication; personnel training; regular back up; data recovery and incident management procedures; restrictions on storing, printing and disposal of personal data; software protection of devices on which personal data are stored; etc.); or unlawful destruction.

7.4 Third party sharing

You acknowledge that apart from any personal information collected from you Engagement Labs may process and utilize any personal information concerning you (or your users if you are an entity) or any third party that you, your users or any such third party have chosen to make public, e.g. through Facebook Connect. The use of such publicly available information is typically governed by the terms applicable to the service or network through which the data were made publicly available and such information may typically be used, accessed by and shared with third parties.

You agree that Engagement Labs may use aggregated, anonymized data derived from the data provided by you or collected by the program analytics in its own statistics, for auditing, for the purposes of product and market research and analytics (which help Engagement Labs to improve its products and the range of products and to develop new technologies, products and services), benchmarks and other analyses, and to publish them and to share them with third parties outside of Engagement Labs. Engagement Labs will not directly or indirectly transfer any data received from you to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization related toolset.

Contact for questions or concerns. If you have questions or concerns regarding this Privacy Policy, or if you wish to review, edit your personal information or request that we delete personal information stored in the databases we actively use, please contact: hello@engagementlabs.com

7.5 Change of Privacy Policy

If there is any material change in our Privacy Policy, the revised statement will be posted on this Site. Regardless of any changes we make to our Privacy Policy, we will only use your personal information in accordance with the version of the Privacy Policy in place at the time you provided your information, unless you later give your express consent for us to do otherwise.

You agree with the fact that Engagement Labs collects personal information when you register or use registration through Facebook Connect for an Engagement Labs Service or otherwise voluntarily provide such information. By accepting the Terms of the Services, you expressly agree that (a) Engagement Labs may use and process all personal information, including any sensitive personal information, that you provide when you register or use registration through Facebook Connect for an Engagement Labs’ Service or otherwise voluntarily provide to us in connection with the Service, for the purpose of providing the Services to you; and that (b) Engagement Labs may use and combine personal information collected from you with information from other Engagement Labs Services to provide a better user experience, including Services that display customized content or advertising of our products or services. If you are an entity, “you” and “your personal data” in the context of this Section 7 includes the personal data of the individual user within your organization who signs for Engagement Labs’ Service through his or her Facebook Connect account on your behalf and you shall ensure that your users are acquainted with, and accept and abide by, these Terms to the extent they apply to them and their personal data.

7.6 Transfer of personal information outside of Canada.

Engagement Labs head office is located in Montreal, Quebec, Canada. In some cases, personal information that we manage may be disclosed, processed and stored outside Canada, and therefore may be available to government authorities under lawful orders and laws applicable there.

8.0 Technical information.

Engagement Labs use cookies so that the users can login into the system and fully navigate within the system; turning off cookies would mean not being able to login into the system. Engagement Labs also use cookies and other technologies (such as site measuring software and user experience software) to enhance your online experience and to learn about how you use Engagement Labs services in order to improve the quality of our Services. By accepting the Terms you agree with this practice.

When you visit our Site, we may collect, using electronic means, technical information. This information may include the IP address of your computer and which browser you used to view our Site. This technical data is usually used to measure and improve the effectiveness of our Site.

Except as mentioned in the Privacy Policy, unless we have your express consent, we will not sell, rent, share or trade your personal information to any third party, except to internal service providers that we use to facilitate or outsource one or more aspects of the operation of our Site or our business. These internal service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any purpose other than to facilitate the specific outsourced related operation, unless you have explicitly agreed or given your prior permission to them for additional uses.

From time to time, you may be required to provide personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and ourselves. In addition, information collected about you may be shared with other third parties as expressly stated on the page on which you provided such information to us.

9.0 Third-Party content and external links

The Services may contain links to external Web pages and content provided by third parties (“Third-Party Content“) as a service to those interested in this information. Engagement Labs does not endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility in updating or reviewing any Third-Party Content and can make no guarantees as to its accuracy or extensiveness.

You acknowledge and agree that Engagement Labs is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

Additionally, you agree and understand that if you follow a link or otherwise navigate outside of our Services website that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Services. You agree that if you choose to access and use Third-Party Content, it is at your own risk.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Engagement Labs reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

You agree that you are solely responsible for (and that Engagement Labs has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Engagement Labs or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Engagement Labs harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Engagement Labs as a result of or in connection with your breach of any third party’s intellectual property or similar rights.

10.0 Proprietary rights

You acknowledge and agree that Engagement Labs (or Engagement Labs’ licensors) owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Engagement Labs and that you shall not disclose such information without Engagement Labs’ prior written consent.

Unless you have agreed otherwise in writing with Engagement Labs, nothing in the Terms gives you a right to use any of Engagement Labs’ trade names, trademarks, service marks, logos, domain names and other distinctive brand features

Other than the limited license set forth in these Terms, Engagement Labs acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Engagement Labs, you agree that you are responsible for protecting and enforcing those rights and that Engagement Labs have no obligation to do so on your behalf.

You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

11.0 Ending your relationship with Engagement Labs

The Terms will continue to apply during the term of your online subscription specified within the Services, or until terminated by either you or Engagement Labs as set out below. If you purchase the Services online, you may terminate your legal agreement with us only for reasons stipulated by applicable law or when your contract comes to an end.

Engagement Labs may at any time, terminate its legal agreement with you embodied in the Terms if (a) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) Engagement Labs are required to do so by law (for example, where the provision of the Services to you is or becomes unlawful); or (c) the partner with whom Engagement Labs offered the Services to you or whom Engagement Labs use or whose cooperation Engagement Labs need in order to offer the Services to you, has terminated its relationship with Engagement Labs or ceased to offer the Services to you; or (d) Engagement Labs is transitioning to no longer providing the Services to users in the country in which you reside or from which you use the Service; or (e) the provision of the Services to you by Engagement Labs is, in Engagement Labs’ opinion, no longer commercially viable.

When your legal agreement with Engagement Labs comes to an end, all of the legal rights, obligations and liabilities that you and Engagement Labs have benefited from, been subject to (or which have accrued over time whilst the your legal agreement with Engagement Labs has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 10.0 shall continue to apply to such rights, obligations and liabilities indefinitely.

Further, you understand and agree that if you, despite the termination or expiration of your legal agreement with Engagement Labs for any reason, continue using the Services (e.g. in a situation when your fixed term order for the Services expires), the terms and conditions contained in the Terms (including the Payment Terms) will continue to apply, and you undertake to pay for the use of the Services by you or your employees in accordance with the Payment Terms. Further, if such situation occurs, and you or your employees continue using the Services, you expressly and irrevocably authorise Engagement Labs to use any payment means it chooses, including debiting your credit card, for the settlement of such Engagement Labs’ consideration.

12.0 Exclusion of Warranties

The Services are provided “as is” and Engagement Labs, their Subsidiaries and Affiliates, and their licensors give you no warranty with respect to them.

In particular, Engagement Labs , their Subsidiaries and Affiliates, and licensors do not represent or warrant to you that (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the Services will be accurate or reliable; and (d) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

13.0 Limitation of Liability

Nothing in these Terms shall exclude or limit Engagement Labs’ liability for losses which may not be lawfully excluded or limited by applicable law. To the maximum extent permitted by applicable law, whatever the legal basis for the claim, Engagement Labs will not be liable for any indirect damages (including. Without limitation, special, incidental, or consequential damages of any kind whatsoever (including without limitation, attorney’s fees), damages or lost profits or revenues, business interruption, or loss of business information) due to, resulting from, or arising in connection with these terms, the services, materials, or the failure to perform or obligations.

Engagement Labs' liability for damage incurred by you as a result of or in connection with the Services shall be limited to direct damages up to the amount you paid to Engagement Labs for the Services giving rise to that liability during the last three months before the occurrence of Engagement Labs’ liability (or amount corresponding to a three month Service fee, as applicable). Engagement Labs and you agree that this limitation reflects the damage that can be foreseen at the time of conclusion of this legal agreement between you and Engagement Labs, taking into account all circumstances the parties know or should know while exercising due care and that can arise from a breach of Engagement Labs’ obligations under these Terms.

14.0 General Legal Terms

“Engagement Labs” or ”we” means Engagement Labs Inc., whose principal place of business is at 201 – 5605, avenue de Gaspe, Montréal, Québec, Canada, H2T 2A1. “You” means the entity or individual that is entering in to the legal agreement for the Services as determined herein the General Terms and Conditions.

The General Terms constitute the whole legal agreement between you and Engagement Labs and govern your use of the Services (excluding any services which Engagement Labs may provide to you under a separate written agreement), and completely replace any prior agreements between the two entities.

You agree that Engagement Labs may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services website.

14.1 Language of Terms

The Terms are provided in English. If Engagement Labs has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Engagement Labs. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

If any court of law, having the jurisdiction to decide on this matter rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

14.2 The Terms, and your relationship with Engagement Labs

You’re your relation ship with Engagement labs shall be governed by Canadian Laws. You and Engagement Labs agree to submit to the exclusive jurisdiction of the courts of Canada to resolve any legal matters arising from the use of our Services or the Terms. The court of first instance shall be in Montreal or in the Province of Quebec, as applicable. Notwithstanding this, you agree that Engagement Labs shall be allowed to apply for injunctive remedies (or an equivalent type or urgent legal measure in any jurisdiction.

15.0 Questions and Comments:

Engagement Labs welcomes comments, questions, concerns, or suggestions. Please send feedback to us via support@evalueanalytics.com

Last updated: April 22, 2014