PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS
Account Access. You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription process. You are responsible for maintaining the security of your account and password. AttentionWizard cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Blocking of IP Addresses. In order to protect the integrity of the Service, AttentionWizard reserves the right at any time in its sole discretion to block Registrants and Subscribers from certain IP addresses from accessing the Website.
Service and Pricing
AttentionWizard creates visual attention prediction Heatmaps of user-supplied website designs. Heatmaps are offered through monthly subscriptions as well as a-la-carte in allotments of ten (10) Prepaid, Non-expiring Heatmaps. Depending on the subscription plan you select, you will be entitled to varying number of AttentionWizard heatmap Credits (“Credits”) each month. Purchasers of Prepaid, Non-expiring Heatmaps will receive credits for the number of heatmaps purchased. AttentionWizard may change Service features and functionality from time to time.
For purposes of this Agreement the term “Subscriber” includes all paying subscribers, regardless of subscription level, unless where its usage indicates otherwise. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes).
Subscriptions; A-la-Carte Purchases; Charges on your Billing Account.
Modifications to Service. AttentionWizard reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AttentionWizard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimers of Warranties.
The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. AttentionWizard expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AttentionWizard cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. AttentionWizard cannot and does not guarantee compatibility with other systems and hardware.
AttentionWizard may provide links to certain third-party Websites. You acknowledge and agree that AttentionWizard is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because AttentionWizard has no control over such sites and resources, you acknowledge and agree that AttentionWizard is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that AttentionWizard is not in any way responsible for any such use by you.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will AttentionWizard be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AttentionWizard 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 your inability to access or obtain any goods, data, information or services 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 content posted on the Website or transmitted to Registrants or Subscribers; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, AttentionWizard’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to AttentionWizard in the twelve (12) months prior to the claimed injury or damage.
Disclaimers and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
Indemnity by You.
You agree to indemnify and hold AttentionWizard, its parent company EpicSky, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of AttentionWizard’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Subscriber. You may cancel your Subscribership at any time, for any reason. AttentionWizard may terminate your Subscribership by sending notice to you at the email address you provide in your application for Subscribership, or such other email address as you may later provide to AttentionWizard. If AttentionWizard terminates your Subscribership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of AttentionWizard. AttentionWizard is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your Subscribership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. AttentionWizard reserves the right to refuse service to anyone for any reason at any time.
Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in San Diego County, for the resolution of any such dispute.