GPS Enterprise
Welcome to the Analytic Partners, LP Guiding Performance & Strategy (“GPS”) Enterprise service. Analytic Partners, LP (“We” or “Us”) maintains this software as a service and makes it available to our customers for use through this site (the “Site”). By using our Site, the GPS Enterprise service and software, or any other content, products or services offered on and through the Site (all collectively, the “Services”), you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain Services from the Site.
THESE TERMS OF SERVICE INCLUDE AN AGREEMENT FOR CONSUMERS TO ARBITRATE ALL DISPUTES BETWEEN US. SEE SECTION 12 BELOW FOR THE DETAILS OF OUR AGREEMENT TO ARBITRATE.
0. Cookies
We use cookies, pixels and similar tracking technologies. Information about how we use these technologies, and how you can manage your preferences is set out in our Cookie and Pixel Policy, which forms part of our Privacy Policy.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to use of Site and Services. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and Services, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. If you disagree with any changes to this Agreement, you must discontinue your use of the Site and Services. Your ongoing use of the Site or any of the Services after the changes signifies your agreement to the new or changed terms.
2. Intellectual Property and Proprietary Rights; Restrictions on Use
The Site and any Services, including all software, information, graphics, designs, audio, animation, video and other content and materials made available through the Site (collectively “Materials”), as well as their selection, organization, arrangement, compilation, magnetic translation and digital conversion are protected by intellectual property and other laws (including copyright, trademark and patent laws), and any unauthorized use of the Site, Services or Materials may violate such laws and this Agreement. Analytic Partners, LP and/or third parties own all right, title and interest in and to the Site, Services and Materials, including without limitation all intellectual property and other proprietary rights therein and thereto now or hereafter in force and effect anywhere in the world. Except as expressly provided herein or otherwise agreed in writing with Analytic Partners, LP and its licensors and other suppliers do not grant any express or implied rights to use the Site, Services or Materials. You agree not to, and not to allow any third party to: (i) copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, decompile, reverse engineer or otherwise attempt to derive source code from, export or otherwise transfer or create derivative works based on the Site, Services, or Materials or their selection and arrangement, except as expressly authorized herein; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained on the Site or within the Services; (iii) use the Site or Services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter Analytic Partners, LP or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site or Services. You may not use, download, or export the Site or Services in violation of any applicable laws or regulations. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or Services. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your internal corporate use (but not for resale or redistribution). We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement. The copying, redistribution, use or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any content, document or other Materials viewed through the Site. The posting of information or materials on the Site by us does not constitute a waiver of any right in such information and materials.
3. Trademarks
You should assume that the trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Analytic Partners, LP or other third parties. You are not permitted to use the Marks without the prior written consent of “Analytic Partners, LP“, Analytic Partners™, Guiding Performance & Strategy™(GPS) Enterprise, Analytic Modeling Platform™ (AMP), and ADAPTA Data Integration™ are the trademarks or registered trademarks of Analytic Partners, LP in the United States and/or other countries. All other trademarks and registered trademarks are the property of their respective owners.
4. Use of the Site, Software and Other Services
In order to use this Site and the Services available through the Site, you may need access to the World Wide Web, either directly or through devices that access web-based content. It is your responsibility to pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection. All software and accompanying training and/or documentation that is made available to download from this Site is the copyrighted and/or patented work of Analytic Partners, LP and/or its suppliers and licensors. In addition to being governed by the terms of this Agreement, the software made available on the Site is subject to additional licensing terms. In the event additional licensing terms accompany or are included with any software, or are separately agreed to in writing by you and Analytic Partners, LP, then in addition to the terms set forth herein, all use of such software is governed by the terms of such license agreement and such terms are hereby incorporated herein by this reference. You will not be able to download, install or use any software that is accompanied by, includes or otherwise requires a license agreement unless you agree to the terms of such license agreement. In the event of any conflict between the terms of this Agreement and the terms of any such software license, the terms of the software license will prevail with respect to the use of the software and related services and documentation to which they apply. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of any software available on or through the Site.
5. Limited License to Use
Subject to the terms of this Agreement, including any applicable supplemental software license terms, we hereby grant to you a limited, nonexclusive, nontransferable license to access and use the Site solely for your personal and internal corporate purposes. The viewing, printing or downloading of any software, content, graphic, form, document or other Materials from the Site grants you only a limited, nonexclusive license for use solely by your organization (and subject to any supplemental software licensing terms) and not for re-publication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. Analytic Partners, LP reserves the right to revoke the authorization to view, download, and print the content available on this Site at any time, and any further use shall be discontinued immediately upon notice from Analytic Partners, LP The rights granted to you constitute a license and not a transfer of title. This license will automatically terminate if you do not comply with the terms of this Agreement.
6. Changes to the Site; Support.
We reserve the right in our sole discretion to edit or delete the Site, Services and any data, documents, information or other content appearing on the Site. We do not have any obligation to provide you with any maintenance or support relating to the Site or Services unless otherwise separately agreed in writing.
7. Links
We may provide links to other World Wide Web sites or resources. We do not endorse and are not responsible for any data, software or other content available from non- Analytic Partners, LP sites or resources. You acknowledge and agree that Analytic Partners, LP shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content, or for the practices of any non- Analytic Partners, LP site or resource operator.
8. Indemnification
You agree to indemnify, defend and hold Analytic Partners, LP, its affiliates, and its and their officers, directors, employees, suppliers/licensors, partners and attorneys (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, demand, cause of action, and expense, including reasonable attorneys’ fees, arising out of or related to: (i) your breach of this Agreement; (ii) violation of applicable law; (iii) violation, infringement or misappropriation of any rights of another; or (iv) use of the Site or Services. Analytic Partners, LP reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate in full at your own expense with any such defense.
9. Nontransferable; Passwords
Your right to use the Site and Services is not transferable. Any password or right given to you to obtain access, information or documents is not transferable. You are required to maintain any such passwords in confidence and shall be responsible for all access to and use of the Site and Services using your passwords or other credentials.
10. Disclaimer and Limits
THE SITE, SERVICES, INFORMATION AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR SITE (INCLUDING THIRD PARTY CONTENT) OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. WE, OUR AFFILIATED PARTIES AND OUR SUPPLIERS/LICENSORS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE AND YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR MATERIAL OBTAINED THROUGH USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE, OUR AFFILIATED PARTIES AND OUR SUPPLIERS/LICENSORS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST DATA, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER ARISING OUT OF OR RELATING TO BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR ANY GOODS, SERVICES OR INFORMATION FROM WHICH THE LIABILITY AROSE DURING THE PRIOR TWELVE (12) MONTH PERIOD. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY AND ANALYTIC PARTNERS, LP’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
11. Use of Information
We reserve the right, and you authorize us, to use all information regarding the use of the Site and Services by you and all information provided by you in any manner consistent with our Privacy Policy. You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, support and other services to you (if any) related to the Site and Services.
12. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IF YOU ARE A CONSUMER, IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Agreement to Arbitrate. This Arbitration and Class Action Waiver section of the Terms of Service is referred to in these Terms of Service as the “Arbitration Agreement.”
This Arbitration Agreement applies only if you are an individual consumer using the Services. If you are accessing or using the Services on behalf of a business, company, partnership, or other entity, this Arbitration Agreement does not apply to you, and disputes with Analytic Partners will not be subject to mandatory arbitration.
To the greatest extent permitted by law, you and Analytic Partners agree that any and all disputes or claims that have arisen or may arise between you and Analytic Partners, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than by a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement, including questions of arbitrability.
Jury Trial and Class Action Waivers. You and Analytic Partners agree that, by entering into these Terms of Service, you and Analytic Partners each waive the right to a trial by jury or to participate in a class action. Our disputes will be determined by a single, neutral arbitrator, not by a judge or a jury.
How to Opt Out. If you do not want to be bound by this Arbitration Agreement, you must notify Analytic Partners in writing by email to legal@analyticpartners.com within 30 days of the date you first agree to the Terms of Service, stating that you do not want to resolve disputes with Analytic Partners by arbitration.
Arbitration Procedures. Arbitration will be conducted by one neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (collectively, the “JAMS Rules”) in effect on the date the demand for arbitration or other document initiating the arbitration is filed with JAMS, as modified by this Arbitration Agreement. For information on JAMS and the JAMS Rules, please visit its website, https://www.jamsadr.com. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Unless Analytic Partners and you agree otherwise, any arbitration hearing will take place in the JAMS office closest to your residence. If the parties are unable to agree on a location, the determination shall be made by the arbitrator appointed by JAMS. If your claim is for $10,000 or less, Analytic Partners agrees that you may choose whether the arbitration will be conducted solely based on written submissions and documents submitted to the arbitrator or whether there also will be a hearing, and you may choose whether any such hearing will be by telephone or video conference or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.
At the end of the arbitration, the arbitrator shall issue a reasoned written decision (called an award) sufficient to explain the essential findings and conclusions on which the award is based.
Requirement of Individualized Arbitration and Relief. You and Analytic Partners agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Except for “mass arbitrations” described below, unless both you and Analytic Partners agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that party’s individual claims. Any relief awarded cannot be granted to or affect other users.
Mass Arbitrations. If 25 or more individuals submit similar arbitration claims and are represented by either the same law firm or law firms acting in coordination, you and Analytic Partners agree that the JAMS Mass Arbitration Procedures and Guidelines will apply. The JAMS Mass Arbitration Procedures and Guidelines are specially designed to facilitate the fair, expeditious, and efficient resolution of mass arbitrations; they are published at https://www.jamsadr.com/mass-arbitration-procedures.
For any mass arbitration, JAMS will appoint a “process administrator” who will determine all preliminary and administrative matters as may be necessary to ensure the orderly and efficient resolution of the claims. This will include determining, among other issues, whether each party has met the applicable filing requirements and conditions precedent to submit their claims to arbitration, and which demands for arbitration should be included as part of the mass arbitration proceeding.
All arbitration demands included as part of the mass arbitration proceeding must be resolved in stages. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimants’ counsel and Analytic Partners will each select 25 cases (50 cases total) to be resolved individually by different arbitrators. In the meantime, no other cases may proceed in arbitration, and JAMS must not charge a case management fee or an arbitration appointment fee for those cases.
After this first stage of cases is completed, the parties must engage in a single mediation of all remaining cases, and Analytic Partners will pay the mediation fee. If the parties cannot resolve the remaining cases after mediation, you and Analytic Partners agree that the process administrator will batch, consolidate, or otherwise group any remaining arbitration demands to the greatest extent possible.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules and the JAMS Arbitration Schedule of Fees and Costs in effect when the arbitration is started, unless otherwise provided in this Arbitration Agreement. Where the arbitration is part of a mass arbitration subject to the JAMS Mass Arbitration Procedures and Guidelines, the arbitration fees will be as established in the JAMS Mass Arbitration Procedures Fee Schedule.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of the Terms of Service will continue to apply.
For avoidance of doubt, nothing in this Arbitration Agreement shall affect any non-waivable statutory rights that apply to you. To the extent any claim, dispute or controversy covered by the Terms of Service isn’t arbitrable under applicable laws or otherwise, you agree such claim or dispute will be resolved exclusively in accordance with the subsection of these Terms of Service titled “Governing Law” above.
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Service to the contrary, Analytic Partners agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Analytic Partners written notice within thirty 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
13. Privacy Policy
Our Privacy Policy, as it may change from time to time, is hereby incorporated by reference into this Agreement. You should review the Privacy Policy carefully before agreeing to this Agreement.
14. Termination
This Agreement is effective until terminated by you or by Analytic Partners, LP which may occur at any time. Upon termination, you shall cease to use the Site and Services. Your rights under this Agreement will terminate automatically without notice from Analytic Partners, LP if you fail to comply with any term(s) of this Agreement.
15. Miscellaneous
This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). You agree that regardless of any statute or law to the contrary, any cause of action by you with respect to the Site (and/or any Materials, products or services related thereto) must be instituted or filed within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The provisions of Sections 2-4 and 6-14 shall survive any termination or expiration of this Agreement. You may not assign or transfer your rights under this Agreement without the prior written consent of Analytic Partners, LP and any assignment contrary to this provision shall be null and void. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in New York, New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed to approximate the intent of the parties consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Analytic Partners, LP’s failure to exercise any right or enforce any provision of this Agreement shall not be deemed a waiver of such right or provision.