Terms of Service:

The following terms and conditions govern all use of the UberTags website and all content, services and products available at or through the website, including, but not limited to, the UberTags Tag Management System (“Tag Management Service”) and professional services (taken together, UberTags Service). UberTags Service is owned and operated by UberTags, Inc. (“UberTags”). UberTags Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, UberTags’s Privacy Policy) and procedures that may be published from time to time on this Site by UberTags (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the UberTags Service. By accessing or using any part of the website or Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by UberTags, acceptance is expressly limited to these terms. UberTags Service is available only to individuals who are at least 13 years old.

1. Your UberTags Account and Site. If you create an account on the Service, you are responsible for maintaining the security of your account and account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify UberTags of any unauthorized uses of your account, your account or any other breaches of security. UberTags will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Account Holders. If You deploy 3rd party code snippets or other content via UberTags (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, HTML, code snippets, javascript, or other software. By making Content available, you represent and warrant that:
◦ the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
◦ you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
◦ the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
◦ the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
◦ the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

3. If you delete Content or your account, UberTags will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, UberTags has the right (though not the obligation) to, in UberTags’s sole discretion (i) refuse or remove any content that, in UberTags’s reasonable opinion, violates any UberTags policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in UberTags’s sole discretion. UberTags will have no obligation to provide a refund of any amounts previously paid.

4. Payment and Renewal.
◦ General Terms. 
You agree to pay UberTags the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly, quarterly, or annual subscription period as indicated.
◦ Fees are not refundable. There is no fee to cancel accounts and you may cancel at any time. UberTags may in its own discretion prorate previously billed charges based on the cancelation date.
◦ Automatic Renewal. 
Unless you notify UberTags 30 days before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Service can be canceled at any time in the Account section of your site’s administration console.

5. Services.
◦ Fees; Payment. Once the evaluation period ends, as defined by deciding to deploy The Service in a production (customer facing) envionrment, you agree to pay UberTags the setup fees (if applicable) and monthly service fees indicated at http://ubertags.com/pricing or separately agreed upon pricing in exchange for the services listed at http://ubertags.com. Applicable fees will be invoiced starting from the day your evaluation ends and in advance of using such services in an ongoing manner. UberTags reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. UberTags Service can be canceled by you at anytime on 30 days written notice to UberTags.
◦ Support. UberTags Service includes access to email support, online ticket support, and phone support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by UberTags to respond within one business day, though we aim to respond faster) concerning the use of the UberTags Service. UberTags also enables in-application support ticket creation and makes best efforts to offer telephone support during east coast business hours. All UberTags Service support will be provided in accordance with UberTags standard UberTags Service practices, procedures and policies. UberTags makes best efforts to be on call 24×7×365 to solve critical production (customer facing) issues as defined by having a severe impact on a 75% or more pages or end users.

6. Responsibility of Service Visitors. UberTags has not reviewed, and cannot review, all of the Content, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, UberTags does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

7. Intellectual Property. This Agreement does not transfer from UberTags to you any UberTags or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with UberTags. UberTags, the UberTags logo, and all other trademarks, service marks, graphics and logos used in connection with UberTags, or the Service are trademarks or registered trademarks of UberTags or UberTags’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any UberTags or third-party trademarks.

8. Changes. UberTags reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. UberTags may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Termination. UberTags may terminate your access to all or any part of the Service at any time though will make best efforts to give 30 or more advance days notice. If you wish to terminate this Agreement or your UberTags account (if you have one), you may simply discontinue using the Service or cancel from the Administration Console. Notwithstanding the foregoing, if you have a UberTags Service account, such account can be terminated by UberTags if you materially breach this Agreement and fail to cure such breach within thirty (30) days from UberTags’ notice to you thereof; provided that, UberTags can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. UberTags Service is provided “as is”. UberTags and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither UberTags nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you utilize the Service at your own discretion and risk.

11. Limitation of Liability. In no event will UberTags, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to UberTags under this agreement during the twelve (12) month period prior to the cause of action. UberTags shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with the UberTags Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification. You agree to indemnify and hold harmless UberTags, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between UberTags and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of UberTags, or by the posting by UberTags of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of New York U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, NY. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; UberTags may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Updated Dec 5, 2011