The words "You", "Your", and "Yours" will be defined as referring to You, and the person, party, or entity on whose behalf You are using UXChart, if applicable.
This Agreement is between You and Scott A. Butler (Licensor) and governs Your use of the www.UXChart.com web site ("UXChart"). If You are using UXChart on behalf of another person, party, or entity, You affirm that You are authorized to agree to the terms of this agreement on behalf of the other person, party, or entity.
You Use UXChart at Your Own Risk
UXChart is being furnished as is with no warrantees, with no claims for suitability for a particular purpose, and at no charge. UXChart is supplied by Licensor. You agree to use UXChart at Your own risk. Examples of risk include but are not limited to: UXChart may be unavailable when You want to use it; UXChart may cease to function while You are using it; You may experience interruptions when using UXChart; UXChart may lose Your data; UXChart may store Your data incorrectly; UXChart may fail to output Your data correctly; UXChart may fail to output Your data at all; UXChart may be breached by unauthorized users; UXChart's documentation may be incorrect or incomplete; UXChart may be breached an authorized user who uses UXChart in an unapproved way; UXChart may behave in any unanticipated way; UXChart may behave in an undesirable way that could have been anticipated or was anticipated.
Permitted Use of UXChart
You agree to use UXChart to collect rating data from participants in the context of product usability/UX research, to use UXChart to summarize those data, and to use UXChart to data mine the anonymized dataset. No other use is permitted.
Prohibited Use of UXChart
Limits of Liability
Your exclusive remedy and Licensor's sole obligation and entire liability shall be limited to refund of the fees You paid to Licensor for using UXChart.
Ownership of Data Stored in UXChart
There are two kinds of information stored on UXChart: (a) personally identifying information, and (b) anonymous information. The only personally identifying information stored on UXChart is the email address that You submit to request access to UXChart's functionality. You own that datum and may delete it from UXChart at any time. Deleting your email address from UXChart would also delete your ability to access UXChart's functionality. Anonymous information includes data like questionnaires, participant ID's that You entered, responses to questionnaires that participants entered, demographics, demographic levels, and any other data entered into UXChart or collected by UXChart. Anonymous data is solely owned by Licensor.
Governing Law and Jurisdiction
This Agreement is made in and will be governed by the laws of the State of Ohio, without regard to its choice of law principles, and without regard to the provisions of any state Uniform Computer Information Transactions Act or similar federal or state laws or regulations. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with the Agreement, its negotiation or termination, or Software, Documentation or Services provided or to be provided by Licensor, will be in Franklin County, Ohio if in state court, and in the Southern District of Ohio if in Federal Court. In any litigation in which the parties are adverse, the parties agree to waive their respective rights to a trial by jury.