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CoinFlipper® is the perfect tool to run real-time simultaneous A/B tests for up to 10
test landing pages at a time.
It's quick and easy to set up, it has powerful real-time reporting and it's FREE.
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The following are the terms and conditions for use of the CoinFlipper® service described herein (the "Service") between Permission Interactive, Inc. and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). Please read them carefully. BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
- FEES AND SERVICES . The Service is provided without charge to You. Permission Interactive, Inc. may restrict or limit your use of the Service at its sole discretion.
- YOUR ACCOUNT. To register for the Service, You must complete the registration process by providing current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You shall protect your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. Permission Interactive's staff may log in to the Service under Your customer password at its sole discretion. You hereby acknowledge and consent to such access.
- NONEXCLUSIVE LICENSE . Permission Interactive, Inc. hereby grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the CoinFlipper® provided code solely as necessary to use the Service for one or more web pages that You own and control (collectively, the "Website"). Subject to the terms and conditions of this Agreement, You may remotely access, view and download Your Reports stored at www.coinflipper.com (or such other URL may be provided from time to time). Your license of, use of and access to the Software and the Service (which may include, without limitation, the Software, Documentation and the Reports) is conditioned upon Your compliance with the terms and conditions of the Agreement. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports. This license will terminate immediately if You fail to comply with the terms of this Agreement.
- CONFIDENTIALITY . "Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s) issued and for any use or misuse of Your account resulting from any third party using a password or user name issued to You.
- INDEMNIFICATION . You agree to indemnify, hold harmless and defend Permission Interactive, Inc. at Your expense, any and all third-party claims, actions, proceedings, and suits brought against Permission Interactive, Inc. or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Permission Interactive, Inc. or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, or (iii) Your violations of applicable laws, rules or regulations in connection with the Service. In such a case, Permission Interactive, Inc. will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Permission Interactive, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
- DISCLAIMER OF WARRANTIES . Permission Interactive, Inc. does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Software or any other software on the Server are free of viruses or other harmful components. Permission Interactive, Inc. does not warrant or represent that the use of the Service or the Reports will be correct, accurate, timely or otherwise reliable. You specifically agree that Permission Interactive, Inc. and its wholly owned subsidiaries shall not be responsible for unauthorized access to or alteration of the Customer Data or data from Your Website.
THE SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PERMISSION INTERACTIVE, INC. AND/OR ITS SUBSIDIARIES AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. PERMISSION INTERACTIVE INC. DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY . PERMISSION INTERACTIVE INC. AND ITS WHOLLY OWNED SUBSIDIARIES WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF PERMISSION INTERACTIVE INC. AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
Permission Interactive, Inc.'s total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed U.S. $500.
- SERVICE LEVELS . Permission Interactive, Inc. does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Permission Interactive, Inc.'s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Permission Interactive, Inc. or Your servers are located or co-located. Complete accuracy in all aspects of Your Statistics at all times also is not guaranteed.
- PROPRIETARY RIGHTS NOTICE . The Service, which includes but is not limited to CoinFlipper® and all intellectual property rights in the Service are, and shall remain, the property of Permission Interactive, Inc.. All rights in and to CoinFlipper® not expressly granted to You in this Agreement are hereby expressly reserved and retained by Permission Interactive, Inc. and its licensors without restriction, including, without limitation, Permission Interactive, Inc.'s right to sole ownership of the CoinFlipper® Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Permission Interactive, Inc.; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Permission Interactive, Inc. other than in the name of Permission Interactive, Inc.; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
- TERM and TERMINATION . Either party to the Agreement may terminate it at any time and for any reason.
Upon any termination or expiration of this Agreement, Permission Interactive, Inc. will cease providing the Service, and You will delete all copies of CoinFlipper® code from all websites. All of Your historical report data will no longer be available to You unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination.
- MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES . Permission Interactive, Inc. reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.coinflipper.com (or such other URL as Permission Interactive, Inc. may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Permission Interactive, Inc., (ii) You accept updated terms online, or (iii) You continue to use the Service after Permission Interactive, Inc. has posted updates to the Agreement or to any policy governing the Service.
- MISCELLANEOUS; APPLICABLE LAW AND VENUE . Permission Interactive, Inc. shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in San Diego County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to Permission Interactive, Inc. must be sent to: Permission Interactive, Inc., 607 Mission Gorge Road, Suite 1, San Diego, CA, USA via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without Permission Interactive, Inc.'s prior written consent, and any such attempt is void. The relationship between Permission Interactive, Inc. and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
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