Last revised: December 5th, 2022

1. TERMS

1. Joshua Eric LLC (hereinafter “WebsiteZ”, “we”, “us”, or “our”) is a website analytics and advertising technology company located in San Diego, CA, which provides B2B marketing and lead generation services (the “Service” or “Services”) through “www.websitez.com” (the “Website”). The Services and their specific terms are described further below.
2. Both “Customer” and “you” means you and the entity you represent, which you guarantee that you have the authority to represent, and for whom you are accepting these terms.
3. By using the Services, you acknowledge your understanding of, and agreement to, these Terms of Service (the “Terms”). Any use of the Service is subject to these Terms. We may, from time to time, revise these Terms. Your continued use of the Services after the posting of any revisions will constitute your (and for the avoidance of doubt, Customer’s) agreement to be bound by such revisions.
4. Please read these Terms carefully before using the Services. If you do not agree to these Terms, you do not have the right to use the Services.

2. REGISTRATION PROCESS

1. To register an account with WebsiteZ, you will be asked to provide your email address and password. You will also need to provide your full name or company name (as applicable), department, role and website (domain name). You are responsible for providing accurate and correct registration information and we assume no liability for any error, inaccuracy or omission in such information or in the service resulting from any information provided by you. By becoming a registered user of our Services, you will also be prompted to give your Personal Data in accordance with our Privacy Policy.
2. If you are a physical person, you must be over 18 years of age (or such other legal age as may apply in your territory) in order to register an account for the Services.
3. Upon completing the registration process, you will receive a confirmation email containing your chosen information to the e-mail address you provided.

3. USER ACCOUNT SECURITY

1. Each user is personally and solely responsible for all actions and transactions made through his/her/their account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session.
2. WebsiteZ support staff may, from time to time, log into the Service under your account in order to maintain or improve service, including for example to provide you with assistance regarding technical or billing issues.
3. You agree to notify WebsiteZ immediately if you suspect any unauthorized use of your account or access to your password or account.
4. If you wish to deactivate your account, please contact us by sending an e-mail containing such information to support@websitez.com.

4. THIRD-PARTY SERVICES

1. The Services are integrated with certain third-party applications, websites and services (“Third-Party Services”) to make available content, products, and/or services to you. These Third-Party Services may have their own terms and conditions of use and privacy policies and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that WebsiteZ does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Services or for any transaction you may enter into with the provider for any such Third-Party Service.

5. WEBSITEZ SERVICE

1. WebsiteZ’s Service enables real-time identification of companies using IP-to-company mapping. For this Service, WebsiteZ has developed a script (the “Tracking Script”), that receives IP addresses from a website and returns firmographic data for the company identified for that IP address. When the Tracking Script is active, it can identify your website visitors and will store the company data for that company in the website client. You can learn more about the content of the WebsiteZ Service on our Website. WebsiteZ does not guarantee that the WebsiteZ Service identifies all of your website visitors.
2. In order to access the WebsiteZ Service, the Customer must have a registered WebsiteZ account.
3. The fees for the WebsiteZ Service can be paid by any one of the payment options offered and agreed upon between WebsiteZ and you. If you choose to pay via credit card, you are obliged to submit the necessary credit card information. The credit card will thereafter be charged accordingly.
4. If means of payment are not provided by you on the date of payment, we reserve the right to freeze your account (meaning that you will not be able to access any of our Services) and invoice the fee in addition to any applicable invoice related costs.
5. Interest on overdue payments shall be payable according to law. WebsiteZ shall be entitled to charge a fee for any payment reminders and reserves the right to send the same via e-mail to an invoice reference provided by you. You shall be responsible for the reasonable costs incurred by WebsiteZ when collecting overdue fees.
6. WebsiteZ subscription plans will be automatically renewed unless the Customer cancels their subscription plan at least 30 days prior to the expiration of the of the subscription period, unless otherwise agreed upon between WebsiteZ and the Customer. It is the Customer’s responsibility to cancel the WebsiteZ service within this period. You may choose to cancel your WebsiteZ subscription plan early at your convenience, but please note that WebsiteZ will not provide any refund of prepaid fees, and that you will pay all unpaid fees due through the end of the WebsiteZ Tracking Subscription Plan.

6. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS

1. Ownership and all intellectual property rights in the Services or any content on the Services, including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in us, or our licensor, and nothing in these Terms shall be interpreted as a transfer of such rights from us to you. You are solely entitled to the limited license to the Services specifically granted under these Terms.
2. Specifically, the “WebsiteZ” trademark and all trademarks appearing on the Services are property of us or our licensors and are protected by applicable laws. Use of these trademarks is prohibited.
3. By agreeing to these Terms, you grant WebsiteZ a non-chargeable right to use your name, trademark and/or a hyperlink to your website in order to provide the Services, as well as for  marketing purposes of WebsiteZ products and Services, both online and offline.

7. ACCEPTABLE USE

1. You agree that you will not use nor attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Services or use and/or monitor any information in or related to the Services for any unauthorized purpose. Specifically, each user, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and other third party to) do any of the following:

• use the Services or any data contain therein or provide, link or otherwise make available, any information on the Services that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or otherwise misrepresent your affiliation; manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
• modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by the Services;
• alter or delete information not provided by you, or interfere with the operation of the Services including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.

2. You also agree not to permit any other user of the Services to access, view, download or reproduce the material for any use not permitted by us.

8. WARRANTIES AND DISCLAIMERS

1. The Services and the content therein are provided “as is” and “as available”. We make no warranties, expressed or implied, and hereby disclaim any warranty including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content accessible through the Services and other services or otherwise relating to such content or on any sites linked to the Services.
2. We offer no guarantee that the pages, services, functions, choices and content of the Services will be provided without interruption or errors or that any mistakes or errors will be corrected. We do not guarantee that the Services or the servers through which they become available to users do not contain viruses or other harmful components, although we make every effort to ensure it.
3. The Services and the content therein may include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete, or current. We may make changes to the materials contained on its website at any time without notice. We do not, however, make any commitment to update the materials.

9. LIMITATION OF LIABILITY

1. Unless caused by our gross negligence or intent, we shall in no event be liable for any losses or damages, whether direct or indirect (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the Services or the use or inability to use the content of the Services, even if we have been notified of the possibility of such damage.
2. We cannot guarantee the security of any transfer of information made via the Services. We do not assume any liability for the information contained on the Services. The Services may contain links to third-party websites which are not under our control. We are not responsible for the contents of, nor do we endorse, any third-party sites that are linked to the Services. We have not reviewed content on sites other than the Services and are not responsible for such content. We expressly disclaim responsibility for all representations made or implied in relation to products, publications or sites not owned by us.

10. CHANGES TO THE SERVICES

1. You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time, make additions to, deletions from, modifications to, or change the format and features of, the Services.
2. You further acknowledge that we may be obliged to alter, modify or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restriction applies to the Services in a way that may affect or impair the Services, WebsiteZ shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any of the Services.

11. USE OF PERSONAL DATA

1. By using our Services, you hereby consent to our collection and use of personal data which will be made in accordance with our Privacy Policy. Personal data will not be sold to a third party and will only be used to improve WebsiteZ´s services.
2. The Customer is responsible for ensuring that it is entitled to transfer Personal Data to WebsiteZ, and that such transfers are made in accordance with applicable data protection aws.

12. GOVERNING LAW AND DISPUTES

1. This Agreement is governed by the laws of the State of California without regard to its conflicts of laws principles. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of and venue in the federal and state courts within Santa Clara County, California. The parties consent to the personal and exclusive jurisdiction and venue of these courts. The parties disclaim and exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.