Montage Analytics, Inc.
Terms of Use &
Privacy and Security Policies

Terms of Use

The Montage Analytics, Inc. Website http://www.montageanalytics.com/  (the "Site") and risk assessment, the Montage Risk Index™ CPA Score and Diagnostic Report are Internet based online information services provided by Montage Analytics, Inc. (a Delaware corporation), (aka “Montage”), are subject to your compliance with the terms and conditions set forth below.

II. Password

Montage Analytics has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to make certain that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Montage account and password; (3) promptly inform Montage of any need to deactivate a password. You grant Montage and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Montage cannot and does not assume any responsibility or liability for any information you submit, for your or third parties' use or misuse of information transmitted or received using Montage tools and services.

III. Site ownership and Jurisdiction

The Montage Site is controlled and operated by Montage Analytics, Inc. (a Delaware corporation) through its headquarters within the State of California and this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware,. You agree that in connection with any such dispute including any claim involving Montage Analytics  or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers for any purpose concerning this Site or the parties' obligations hereunder shall be brought exclusively in the U.S. District Court for the Northern District of California or state court of competent jurisdiction sitting in the County of Santa Clara, State of California. Any action against Montage Analytics must be brought within six (6) months after the cause of action arises.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

IV. Terms of Use Subject to Change

Please read the following information carefully before using the Montage Site, tools or services. By accessing or using this Site, tools and services, you agree to be bound by these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. Montage Analytics reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification.
The terms and conditions herein apply to Montage Analytics, Inc, its subsidiaries, affiliates, and divisions, all of which are referred to herein as “Montage”. The terms and conditions herein are in addition to, and supersede, any other specific terms and conditions that may apply to the products or services offered by Montage. Any conflict in terms which may exist between this and und user license agreement and any terms and conditions contained in any other end user license agreement for services offered by Montage shall be resolved in favor of the terms contained herein.

V. Site is for Informational Purposes Only

The contents of the Montage Analytics Site, such as text, graphics, images, information obtained from Montage Analytics’ licensors, and other material contained on the Montage Analytics Site ("Content") are for informational purposes only. This Site and any information generated from it are for informational purposes and are not intended to provide any financial, legal, business or investment advice. This site and information generated from it are provided with the understanding that Montage Analytics, Inc. does not intend this information to be viewed as rendering financial, legal, business or professional advice or service. If such advice is sought or required, the services of a competent professional should be sought. Montage does not warrant that this service will meet your requirements or that its operation will be uninterrupted or error-free.

VI. Limited Liability

Our liability to you for any losses shall be limited to direct damages, and shall not exceed the amount you originally paid for this service.. In no event will we be liable to you for any indirect, special, incidental or consequential damages (including loss of profits) even if we have been advised of the possibility of such damages. Montage Analytics is not responsible for delay or failure to perform due to causes beyond its reasonable control. When you access a non-Montage Analytics website, please understand that Montage Analytics has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses, Phishing and other destructive items. Montage Analytics is committed to providing a positive user experience; however, we are not responsible for problems beyond our control. In any software product, there are always minor bugs requiring attention. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Montage Analytics, its Authorized Solution Partners, Information Providers or suppliers provide all Services, software and information accessed through this site (the "services") "AS IS" without warranty, express or implied. Montage Analytics hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. There are no warranties that extend beyond the description on the face of this agreement except for any duty of good faith.

VII. Indemnification

You agree to defend, indemnify, and hold Montage Analytics , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use.

VIII. Ownership of Feedback Including Ideas

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs and message boards) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Montage Analytics by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Montage Analytics by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Montage Analytics  by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Montage Analytics  a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Montage Analytics may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Montage Analytics by email. We try to answer every email in a timely manner, but are not always able to do so.

IX. Montage Analytics Communications

 As part of our service, Montage Analytics provides periodic information to our users. By use of this Site and submission of its forms, user agrees to Opt-In to such periodic communications for their intended purpose. To unsubscribe to any publication, users may click on the ‘unsubscribe’  link that appears at the end of each communication, alternatively, users may contact Montage Analytics, Inc. Our contact information is provided at the end of this document. For more information, please read the Opt-In Privacy Policy.

X. Use of Content Logo and Hyperlinks

In addition to purchased reports, Montage Analytics  authorizes you to view or download a single copy of the material on the Montage Analytics  Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2010, Montage Analytics, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Montage Analytics Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Montage Risk Index™ and Diagnostic Report is For Your Internal Use Only and release of this report to a third party, such as your insurance provider, is at your sole discretion. 
You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray Montage Analytics and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web site or products by Montage. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any Montage Analytics trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without Montage's express written consent. To obtain consent, please email your request to webmanager@montageanalytics.com. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any Montage Analytics Marks; (ii) the content of the Site; nor (iii) any other intellectual property or proprietary rights of Montage .
Montage Analytics makes no representations, warranties or endorsements with respect to any non-Montage Analytics web site which may be accessed from this Site.

XI. Links to Other Sites

Montage Analytics may provide links to third-party websites. Montage Analytics also may select certain sites as priority responses to search terms you enter and Montage may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Montage does not recommend and does not endorse the content on any third-party websites. Montage is not responsible for the content of linked third-party sites, sites framed within the Montage Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Montage does not endorse any product, service, or treatment advertised on the Montage Site.

XII. Special Admonition for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

XIII. Entire Agreement and Survivability

Any rights not expressly granted herein are reserved.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Except as expressly provided in a particular "legal notice" on the Montage Analytics Site, these Terms and Conditions and the Montage Analytics Privacy Policy constitute the entire agreement between you and Montage Analytics with respect to the use of the Montage Analytics Site, and Content.

XIV. Copyright and Trademark Information

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Montage Analytics and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Copyright Notice: © 2006-2010 Montage Analytics, Inc. . All Rights Reserved. Please refer to the Montage Analytics Copyright Usage Requirements for additional information concerning copyrights.
Montage Analytics™ the Montage Analytics logo and the Montage Analytics product and service names referenced in this Site ("Montage Analytics Marks") are trademarks and service marks or registered trademarks and service marks of Montage. Your use of the Montage Analytics Marks is governed by the Montage Analytics Third-Party Trademark and Logo Usage Requirements. Other products and company names mentioned on the Site may be the trademarks of their respective owners.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Montage Analytics or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Montage Analytics. All rights not expressly granted herein are reserved to Montage Analytics.

XV. Agreement

Use of this Site for any purpose signals assent to the terms and conditions set forth in this document. If you do not agree to these terms, then please exit.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

XVI. To Contact Montage Analytics

All reports are backed by a money-back guarantee — upon proof of purchase, user may receive a 100% refund on any report. To request a refund, call us weekdays between 9am and 4pm PST at 408-827-8316.
If you have any questions or concerns about the policies of Montage Analytics, please do not hesitate to contact us weekdays between 9am and 4pm PST.
Montage Analytics, Inc.
PO Box 391401
Mountain View, CA 94039
Phone: 408-827-8316
Fax: 408-273-6515
support@montageanalytics.com 
http://www.montageanalytics.com/ 

XVII. Privacy and Security Policies

The security and privacy of our customers' information is very important to us. We have taken every step available to ensure that your online transactions are secure and that any information you provide us through our website remains confidential.

Privacy

Your information will not be shared with outside parties, aside from those explicitly involved in the administration of our products and/or services. We do not sell user information and will not provide your personal information, including your email address, to anyone else. We do not share with third parties identifiable information specific to your practice. We will occasionally provide anonymized aggregated statistics about our users in reports made available to them, to third parties, or to the general public. These reports will not identify individual users, their practices, companies or firms.

Cookies

Cookies are very small text files that are stored on your computer when you visit certain web pages. We use cookies on our site to:

• help you navigate our website
• facilitate the sign up and login process for our services
• personalize your experience
• analyze which pages our site visitors visit
• measure advertising and promotional effectiveness

XVIII. Montage Analytics Communication Opt-Out Instructions

As part of our service, Montage Analytics provides periodic information to our users. By use of this Site and submission of its forms, user agrees to Opt-In to such periodic communications for their intended purpose. To unsubscribe to any publication, users may click on the ‘unsubscribe’  link that appears at the end of each communication, alternatively, users may contact Montage Analytics, Inc. Our contact information is provided at the end of this document.

XVIV. Information Automatically Collected By Our Site

As is true of most Web sites, we gather Web server log file information automatically such as your IP address, browser type, referring/exit pages, and operating system. We use this information to administer our website, understand how visitors navigate through our Site and to enhance your experience while using our Site.

Links to Other Web Sites

This Privacy Statement applies to Montage Analytics’ Web services only. Our Site includes links to other Web sites. If you submit personally identifying information to any of those sites, your information is subject to their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

Consumer Opinion Surveys

We occasionally conduct online consumer surveys to learn about your views on issues related to our products and services. We may request contact and demographic information for user opinion surveys but providing this information is optional. We use the survey data for research and to improve our services and we do not share any personally identifiable information from surveys, such as testimonials, without the user’s expressed permission.
We use information submitted through our Web site or collected through email or hard copy surveys to analyze the characteristics of our customers and to improve our services. We will occasionally provide anonymized aggregated statistics about our users in reports made available to them, to third parties, or to the general public. These reports will not identify individual users or their companies, practices or firms.

XVV. Security

Providing security for the personally identifying information you submit via our Site is a priority for Montage Analytics.
We take appropriate security measures to protect against unauthorized access to; or unauthorized alteration, disclosure, or destruction; of your personally identifying information. We use Secure Socket Layer (SSL) to encrypt the transmission of data on the Montage Risk Index™ questionnaire payment and login pages. Please be aware, however, that no transmission of information via the Internet can be entirely secure. You should, therefore, always use caution when submitting personally identifying information online.
If you have any questions or concerns about the security of our web services or the policies of Montage Analytics, please do not hesitate to contact us between 9am and 4pm PST).

Montage Analytics, Inc.
PO Box 391401
Mountain View, CA 94039
Phone: 408-827-8316
Fax: 408-273-6515
support@montageanalytics.com 
www.MontageAnalytics.com 

 

04/14/2010