THIS TWEETFEEL BIZ WEBSITE (OR ANY MOBILE VERSION THEREOF) (THE "SITE") IS PROVIDED TO YOU (THE "USER") BY E-REWARDS, INC. D/B/A CONVERSITION STRATEGIES ("CONVERSITION"). YOUR USE OF THE SITE IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT HEREIN (THE "SITE TERMS").BY ACCESSING THE SITE YOU EXPLICITLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE WITH THE SITE TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS SITE. CONVERSITION MAY AT ANY TIME, AT ITS SOLE DISCRETION, REVISE THE SITE TERMS BY POSTING THE AMENDED SITE TERMS ON THE SITE, WHICH POSTING SHALL CONSTITUTE NOTICE TO YOU. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT SITE TERMS TO WHICH YOU ARE BOUND.
Services
The Site allows the User to, amongst other things, track and store positive and negative sentiments of conversations happening on Twitter based on keywords entered into a proprietary interface and to trend the data on a given timeline (collectively, the "Services") and the data and any analysis that may be provided through the Site (the "Data").
Access
The User shall access the Site through an account personal to the User that will be accessed through the use of a username and password (the "Account"). The User will make all reasonable efforts to maintain the security of its username and password and the integrity of its Account. The User will immediately advise Conversition of any unauthorized use of its username and password.
Fees
The User shall pay all charges and fees associated with the use by the User of the Services (the "Fees") as such Fees are set out on the Site or, where applicable, in any services agreement that may be entered into between Conversition and the User relating to the use of the Site by the User. Unless otherwise stated in the Site Terms, or any the services agreement, all Fees will be exclusive of any sales, use and other taxes or duties, however designated (collectively "Taxes"). The User shall be solely responsible for the payment of any Taxes.
Free Trial Period
The use of the Site by the User shall require the User to complete the registration process required by the Site. A valid credit card is required for registration. By registering for the Service the User will have access to the Site as a free trial user for ten (10) calendar days (the "Free Trial Period").
The Free Trial Period will begin on the date of the User's registration on the Site and continue for ten (10) calendar days, unless terminated earlier by the User or by Conversition.
Upon completion of the Free Trial Period the User will be charged the Fees pursuant to the Site Terms unless the User cancels its' account on the last day of the Free Trial Period. It is the User's responsibility to cancel the Service before billing takes effect.
Payments
The Fees will be billed to the credit card provided by the User during the registration process and Fees will be billed in advance on a monthly basis until such time as the User cancels its' Account in accordance with the Site Terms.
Conversition will not issue refunds for periods of inactivity within an open Account. If the User upgrades or downgrades the Services, the Fees will be pro-rated to account for such upgrades and downgrades and the change in Fees will be reflected in the charges to the User's credit card on the month following such changes.
Conversition may change the Fees charged for the Services upon thirty (30) days notice to the User and such notice shall be sufficiently made when posted to the Site. The User acknowledges that it is its' responsibility to periodically review the Site for any changes to the Fees.
Cancellation
If the User wishes to cancel its Account it may do so at anytime by clicking on the Account link in the navigation bar at the top of the screen on the Site and following the process for cancellation as set out. The User is solely responsible for properly cancelling its' Account through this link. If the User cancels its Account before the end of its' current paid up month for the Services, the cancellation will take effect at the end of such month; there will be no refunds for a partial month. Upon cancellation the User's saved data will be deleted at the end of the final paid up month, and this information cannot be recovered once the User's Account is cancelled.
Registration and Accounts
To register for the Services the User must complete the registration process by providing Conversition with current, complete, and accurate information, including the User's designated e-mail address (username), a password (to access the Account) and payment information. The User is solely responsible for the protection of its' passwords and the User acknowledges that it takes full responsibility for its', and any third party, use of its' Account to access the Services or otherwise. The User is solely responsible for any and all activities that occur under its' Account. The User agrees to notify Conversition immediately upon learning of any unauthorized use of its' Account or any other breach of security. From time to time, Conversition's (or its wholly-owned subsidiaries') support staff may log in to the User's Account in order to maintain or improve the Services, including to provide the User with technical assistance; the User hereby acknowledges and consents to such access.
Privacy Policy
Please refer to Conversition's Privacy Policy for information on how Conversition may collect, use and/or discloses personally identifiable information from the users of the Site.
Ownership and Copyright
The User should assume that everything seen or read on the Site is the proprietary property of Conversition unless otherwise noted. While in no way limiting the generality of the foregoing all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of Conversition or its subsidiaries or its affiliates and are protected by copyright laws.
Trademarks
All products or service names or slogans displayed on the Site are registered and/or common law trademarks of Conversition and/or its subsidiaries, affiliates, suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Conversition or the applicable trademark holder. The look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Conversition and may not be copied, imitated or used, in whole or in part, without the prior written permission of Conversition. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Limited License
Conversition grants the User a limited, revocable (in accordance with the Site Terms), non-sublicensable license to access and use the Site and the Data. Such license is subject to these Site Terms (and to any services agreement where applicable), and specifically conditioned upon the following: (i) the User may only use the Site and the Data for its own informational, personal or internal business purposes; (ii) the User may not modify or otherwise make derivative uses of the Site, Data or the Site Content, or any portion thereof; (iii) the User may not use any data mining, robots or similar data gathering or extraction methods; (iv) the User may not use the Site , Data, or the Site Content other than for its intended purpose; and (v) the User may not reproduce, prepare derivative works from, distribute or display the Site, Data, or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site, Data, or Site Content without the prior written permission of Conversition is strictly prohibited and will terminate the license granted herein. For greater certainty a User shall not, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services or Data available to any third party.
Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
The User represents and warrants that its' use of the Site, Data and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
Hyperlinks
The User is granted a limited, non-exclusive revocable right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Conversition, its subsidiaries and/or affiliates its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable to Conversition in its sole opinion. This limited right may be revoked at any time. Except as noted above, the User is not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Conversition or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Conversition or any third party without the prior written permission of Conversition or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a convenience for users. Conversition may not have reviewed all Third-Party Sites or Third-Party Content and the User acknowledges that Conversition is not responsible for the content of any off-site pages or any other sites linked to the Site, and that the User's linking to any other off-site pages or other sites accessible from the Site is at the User's own risk.
WARRANTY DISCLAIMER
THE USE OF AND BROWSING IN THE SITE IS AT THE USER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO, AND/OR AUDIO UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER'S OWN DISCRETION AND RISK. CONVERSITION DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT THE USERS COMPUTERS, EQUIPMENT OR OTHER PROPERTY. THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS' COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM SUCH UPLOADING AND/OR DOWNLOADING.
WHILE CONVERSITION USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE, CONVERSITION MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. THE INFORMATION ON THE SITE IS FOR INFORMATION PURPOSES ONLY, AND SHOULD NOT BE RELIED UPON AS ACCURATE, TIMELY OR FIT FOR ANY PARTICULAR PURPOSE.
CONVERSITION MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS AND OTHER COUNTRIES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SOON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
CERTAIN FEATURES OF THE SITE ARE DEPENDENT ON INFORMATION OBTAINED VIA THE INTERNET AND CONVERSITION CANNOT GUARANTEE ITS ACCURACY, AVAILABLITY, COMPLETENESS OR CORRECTNESS.
LIMITATION OF LIABILITY
NEITHER CONVERSITION NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USER'S ACCESS TO, OR USE OF, THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONVERSITION HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION TO THE FOREGOING, CONVERSITION'S LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE SITE, THE RELATIONSHIP OF THE PARTIES, OR THE PROVISION OR NON-PROVISION OF GOODS OR SERVICES, (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL IN NO EVENT EXCEED $100(CDN). THE USER ACKNOWLEDGES THAT WITHOUT ITS' AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, ACCESS TO THE SITE BY IT WOULD BE DENIED.
CONVERSITION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE CONTENT.
Indemnification
The User agrees to indemnify, defend and hold Conversition and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Indemnified Parties in connection with any breach by you of the Site Terms. Conversition reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Conversition's defense of such claim.
Applicable Law and Venue
The Site may be accessible throughout the United States of America and Canada; regardless of where the User accesses the Site it explicitly agrees that the laws of the [Province of Ontario, Canada/State of Texas], govern the use of the Site. All disputes, claims or other matters arising from or relating to the User's use of the Site will be governed by the laws of the [Province of Ontario, Canada/State of Texas], without regard to conflict of law principles. The User consents to the personal jurisdiction of such courts over it, stipulates to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
Termination
Conversition may terminate the Users license to use the Site and the Services upon (i) the User advising Conversition (in accordance with the Site Terms) that it is closing its Account (ii) the expiration of the any services agreement, (iii) at the sole discretion of Conversition, where a breach by the User of any of the Site Terms has occurred, or (iv) at the end of the month of any billing period upon providing the User with five (5) days notice. Upon termination of the User's license Conversition may terminate the User's username and password used to access its' Account and the Services, and may take such other actions as may be reasonably necessary to block the User from accessing the Site.
Notice
Conversition may provide notice to the User by means of a general notice posted on the Site, by electronic means to the email address provided at the time of registration, or by registered mail to the address of the User provided by the User during the registration process (as such address may be updated from time to time in accordance with the requirements of the Site).
Priority
In the event of conflict between the Site Terms and any services agreement the terms as set out in such services agreement shall prevail.
Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Survival
All obligations of the User as provided for in these Site Terms which by their nature would continue beyond termination, cancellation or expiration of Services shall survive such termination, cancellation or expiration.
Reporting breaches of Site Terms
If the User believes that any of the Site Terms have been breached by any other User or any other person please advise us at abuse@conversitiom.com.
