Terms of Use

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE ACCESSING THIS SITE AND THE INTELLECTUS STATISTICS APPLICATION.  BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE MEMBERSHIP AND INTELLECTUS STATISTICS APPLICATION), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE OR APPLICATION.

BY USING STATISTICS SOLUTIONS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH STATISTICS SOLUTIONS MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

  1. Contact Information.

Address
Statistics Solutions, LLC
1825 Sunset Point Road
Clearwater, FL 33765

Customer Service
Email: [email protected]

Telephone: 1-727-442-4290 or Toll Free 1-888-383-6639

  1. Definitions.
  • “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
  • “Agreement” or “Terms” refers to these terms and Conditions of Use and any subsequent modifications.
  • “Subscriber” refers to any person or entity that purchases or uses a subscription to the Online Membership or Intellectus Statistics application.
  • “User” refers to any party who accesses the Site. If you are accessing the Site as an employee or agent of another, “user” refers to you and your principal.
  • “Website” or “Site” refers to the website maintained on the World Wide Web by Statistics Solutions, available at http://www.statisticssolutions.com.
  • “You” or “your” refers to the user. If you are accessing the Site as an employee or agent of another, “you” or “your” refers to the user and the user’s principal.

 

  1. Modification of Terms.

Statistics Solutions reserves the right to modify these terms at any time. Except as otherwise stated herein, any change to these terms is effective immediately.  User agrees to check the Site periodically for changes to these terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

  1. Membership License.

Statistics Solutions hereby grants each Subscriber a limited, exclusive, non-sublicensable and non-transferable license to access the content and information available in the membership section of the Statistics Solutions website according to the provisions contained herein, and subject to the payment of the applicable membership fees and adherence to these terms. Whether the Subscriber receives a license to the Free Content or Full-Access Content depends on the subscription plan.

Subscriber agrees not to share log in information or membership resources with anyone.  As such, the user will not be able to access a single membership using two or more separate IP addresses during a 30 minute period of time.

Once the membership resources have been accessed, the one-time membership fee is non-refundable.

  1. Intellectus Statistics Application
  • Free version allows for users to access the descriptive statistics, correlation, t-test, and chi-square functions.
  • Unlimited access to all analyses available with paid subscription.
  • Subscription fees are non-refundable.
  • Right of access to the Intellectus Statistics application granted under these terms is effective only upon payment of the subscription fee.

 

  1. Access; Modification of Content.

Statistics Solutions strives to provide the website content, Online Membership, and Intellectus Statistics application to its Subscribers on a continuous basis. To that end, Statistics Solutions will take all commercially reasonable efforts to provide uninterrupted access to its Subscribers. However, from time to time, Subscribers may be unable to access content due to conditions beyond Statistics Solutions’ control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability, Statistics Solutions will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Statistics Solutions endeavors to provide the highest quality content to its Subscribers. To that end, Statistics Solutions reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

  1. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Statistics Solutions’ computers, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these terms.
  • Permit or provide others access to the content using your user name and password or otherwise, or the name and password of another authorized user.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
  • Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
  • Violate or attempt to violate Statistics Solutions’ security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the Site or corrupt the Site in any way.
  • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, the Site or Statistics Solutions.
  • Misrepresent your identity or personal information when accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Statistics Solutions.
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Provide any commercial hosting service with access to the Site and/or the content on the Site.
  • Access the Site for Commercial use.

To ensure that users of the Site do not engage in Prohibited Conduct, Statistics Solutions reserves the right to monitor use of the Site and reserves the right to revoke or deny access to any Content to any person or entity whose use of the Site suggests Prohibited Conduct at any time. Access to the materials available beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse and will result in revocation or denial of access. The terms “normal patterns” and “abuse” shall be determined solely by Statistics Solutions.

You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

  1. LIMITED WARRANTIES.

Statistics Solutions warrants that the software that allows users to access the Online Membership and/or Intellectus Statistics application (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. INTELLECTUS STATISTICS PROVIDES NO WARRANTY THAT YOU’RE HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT, AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

STATISTICS SOLUTIONS SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS. THE USER MUST INFORM STATISTICS SOLUTIONS OF ANY PROBLEM WITH THE SOFTWARE IMMEDIATELY UPON DISCOVERING THE PROBLEM OR STATISTICS SOLUTIONS WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. STATISTICS SOLUTIONS WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.

ALTHOUGH STATISTICS SOLUTIONS HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

  1. DISCLAIMERS AND LIMITATION OF LIABILITY.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 8), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. STATISTICS SOLUTIONS DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. STATISTICS SOLUTIONS DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL STATISTICS SOLUTIONS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT STATISTICS SOLUTIONS RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE SITE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL STATISTICS SOLUTIONS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT STATISTICS SOLUTIONS RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS SITE CONTENT, EVEN IF STATISTICS SOLUTIONS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF STATISTICS SOLUTIONS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. STATISTICS SOLUTIONS IS NOT LIABLE FOR CRIMINAL, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF STATISTICS SOLUTIONS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

STATISTICS SOLUTIONS DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT STATISTICS SOLUTIONS RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.

  1. Copyrights, Trademarks and Other Proprietary Rights.

Statistics Solutions shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, the copyrights, and trademarks in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Statistics Solutions. Except as expressly stated on the Site or in these terms, nothing that you read or see on the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Statistics Solutions, except as provided in these terms. Nothing in these terms grants you an express or implied license to use any of Statistics Solutions’ intellectual property except as set forth in Sections 4 and 5.

  1. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless Statistics Solutions, LLC and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from user’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these terms.

  1. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. Statistics Solutions has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Statistics Solutions may suspend your access while it conducts an investigation. Users are required to enter a user name and password to access the Online Membership and/or Intellectus Statistics application. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.

You represent and warrant that you are the person on whose behalf you claim to accept these terms, or, if you are entering into these terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these terms.

You may not use the account, user name or password of someone else at any time. You agree to notify Statistics Solutions immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify Statistics Solutions immediately if you are aware of or suspect other unauthorized use of the Site and/or the Site content. Statistics Solutions will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by Statistics Solutions, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, user name or password.

  1. Termination of Agreement.

In addition to Statistics Solutions’ other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Statistics Solutions may also terminate access to the Online Membership/Intellectus Statistics application or cancel subscriptions to the Online Membership/Intellectus Statistics application without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or engaged in conduct that Statistics Solutions deems inappropriate.

  1. Privacy Policy.

Statistics Solutions values your trust. In order to honor that trust, all of Statistics Solutions’ employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide.

  1. Miscellaneous.

These terms constitute the entire agreement between Statistics Solutions and user regarding the subject matter hereof. Any previous agreement, whether oral or written, between Statistics Solutions and user dealing with the subject matter hereof is superseded by these terms. These terms may only be modified or amended in writing. If any portion of these terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon user’s breach or threatened breach of these terms, Statistics Solutions may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Statistics Solutions’ remedies are cumulative and not exclusive. Failure of Statistics Solutions to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the Site, user signs for and accepts this shortening of the statutes of limitations. Statistics Solutions makes no representation that the content of the Site is appropriate or available for use in all locations. Statistics Solutions operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign your rights or delegate your duties under these terms. The parties agree that no third party is an intended beneficiary of these terms. Statistics Solutions cannot provide notifications via post, only e-mail.

  1. Governing Law; Dispute Resolution; Forum and Venue.

These terms and any claim or action related to or arising from these terms or content on the Site shall be governed by Florida law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and Statistics Solutions shall be finally resolved through binding arbitration in Clearwater, Florida. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue in Clearwater, Florida for any equitable claim or other action related to or arising from these terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.