KPIfix Policies

Privacy Policy
Refund Policy
Terms of Service Agreement

Our Promise
KPIfix is dedicated to keeping your information safe and private.

Certified by TRUSTe
KPIfix and its website www.kpifix.com is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for personal identity and information by promoting the use of fair information practices. This privacy statement covers the site www.kpifix.com. Because this Web site wants to demonstrate its commitment to our users’ privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe. By displaying the TRUSTe trustmark, kpifix.com has agreed to notify users of:

1.       What personally identifiable information KPIfix collects.
2.       How KPIfix uses the information.
3.       With whom KPIfix may share user information.
4.       What choices are available to users regarding collection, use and distribution of the information?
5.       What measures KPIfix takes to protect the information under its control.
6.       How users can correct any inaccuracies in the information.

If you have questions or concerns regarding this statement, you should first contact the Privacy Officer by email on privacy @ kpifix.com. If you do not receive acknowledgment of your inquiry, or if your inquiry is not satisfactorily addressed, you should then contact TRUSTe through:
TRUSTe Watchdog Dispute Resolution Process http://www.truste.org/consumers/watchdog_complaint.php
TRUSTe will serve as a liaison with the Web site to resolve your concerns.

Information Collection & Use
KPIfix is the sole owner of all information collected on www.kpifix.com. KPIfix collects personally identifiable information from our users at several different points on our Web site.

Expression of Interest
If you fill out an expression of interest form on our Web site, you will be required to give us your contact information, including your name, company name, email address, and other contact information. We use this information to contact you about the services on our site in which you have expressed interest.

Order Fulfillment
If you sign up for one of KPIfix’s subscription services, we request certain personally identifiable information from you during the sign up process. You must provide contact information (such as name, email, company name and billing address) and financial information (such as credit card information). We use this information for billing purposes and to fill your order. If we have trouble processing an order, we will use this information to contact you.

Communications from the Site

Service-related Announcements
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you may opt-out of these communications or you have the option to deactivate your account. Please see “Choice and Opt-out.”

Customer Service
Based upon the personally identifiable information you provide us, we will send you a welcoming email. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

Profile
We store information that we collect through cookies, log files, clear gifs, and third party sources to create a “profile” of your preferences. We tie your personally identifiable information to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the site for you. We do not share, rent or sell your profile information with other third parties.

Information Sharing and Disclosure

Aggregate Information (non-personally identifiable)
We do not share aggregated demographic information that we collect through Google Analytics about our user base with Third Parties.

Personally identifiable information:
We DO NOT Share Personally Identifiable Information with Third Parties

Agents
We use a credit card processing company to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any other purposes.

Service Providers
We use third party hosting providers to store, manage and host the KPIfix application. Where KPIfix owns all code, databases and all rights to the KPIfix application, you retain all rights to the data that you enter into the application.

Legal Disclaimer
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

Choice/Opt-out
We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at privacy @ kpifix.com.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Log Files
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

We use Google Analytics to track non-personally identifiable information about visitors to our site to help us understand usage of our site and to improve our service to you.

Cookies
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We link the information we store in cookies to general, non-personally identifiable information collected while using the site member features on our site.

We use session ID cookies and persistent cookies to make it easier for members to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. See your specific browser's help section for instructions on how to do this if you not already familiar with the process.

We set a persistent cookie to optionally store your passwords, so you don't have to enter it more than once. This is done on the member’s area as well as in the forum system. Session cookies are used with our charting solution to allow time ranges to be remembered from one page to another.

If you reject cookies, you may still use our site, but your ability to use some areas of our site may be limited.

Clear Gifs (Web Beacons/Web Bugs)
We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage the visual appearance of the page layout. We do not employ the traditional web beacon/web bug tracking functionality often associated with clear gifs.

Links to Other Sites
This Web site contains links to other sites that are not owned or controlled by KPIfix. Please be aware that we, KPIfix, are not responsible for the privacy practices of such other sites.

We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

This privacy statement applies only to information collected by this Web site.

KPIfix Forum Board
If you use KPIfix Forum Board, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

If you use the Forums in any way inconsistent with our Terms of Service Agreement, we reserve the right to immediately cancel your account with KPIfix.

Access to Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update or delete it by making the change on your member account information page or by emailing our Customer Support at info@kpifix.com.

Security
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, go to www.verisign.com .

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can send email us at privacy@kpifix.com.

Business Transitions
In the event KPIfix goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email and written communication 30 days prior to any such change in ownership or control of your personal information.

Changes in this Privacy Statement
If we decide to change our privacy policy, we will post those changes to this privacy statement, the page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Contact Us
If you have any questions or suggestions regarding our privacy policy, please contact us by email on privacy@kpifix.com, or write to us at:

KPIfix Inc.
Attention: Privacy Officer
56 E. Holly Street, Suite 215
Pasadena, CA 91103

KPIfix Refund Policy

30 day free accounts
KPIfix offers a 30 day free trial on all its plans – Basic, Professional and Enterprise Versions.

If you cancel within the first 30 days
If you cancel your paid plan within 30 days from the date you signed up, you won't be charged at all. Your credit card information will be deleted from our files.

If you cancel after 30 days, we’ll stop charging you
If you cancel any of the paid plans, we will immediately put a stop on your monthly charges. We do not do partial period refunds. We charge our monthly subscriptions in advance of that month’s service, so say you pay for January’s service on January 1st, and you cancel on January 10th, we will not refund your account for January’s billing amount. We will not however charge you on February 1st.

How do I cancel my account?
You can cancel your account at any time by logging into your account, selecting the "My Account" tab and clicking the "Please cancel my account" link.

KPIfix Terms of Service Agreement

Date Updated: April 10th, 2008

This Terms of Service Agreement outlines the terms and conditions (“Terms”) for use of the internet website www.kpifix.com (“kpifix.com”) owned and operated by KPIfix Inc., a California Corporation (“KPIfix”). By using kpifix.com you agree to the Terms as outlined in this Agreement and KPIfix’s Privacy Agreement.

1. Accepting the Terms

a. When you visit kpifix.com and browse the contents of the website, even if you don’t sign up for an account, you are agreeing to the Terms of this Agreement.

b. When you sign up for an account, and register for the use of the KPIfix application (the “Service”) you are agreeing to the Terms of this Agreement. You will be asked to check a box at the time of registration, indicating you accept these Terms when you sign up for an account.

c. Collectively, both visitors and users that sign up for an account are referred to as “Users” in this Agreement.

2. Privacy and Security Policy

a. KPIfix and its website kpifix.com are certified by the TRUTe Privacy Program. KPIfix’s Privacy Policy is available at www.kpifix.com/policies.asp and is hereby incorporated into this Agreement.

b. KPIfix is a licensee of, and its website kpifix.com is fully certified by, Verisign Inc. The site uses 128 bit Secure Socket Layer (SSL) technology to provide maximum security of all data and information being transferred between kpifix.com and its users. For more information visit www.verisign.com).

3. Registration Information

a. You must provide a full legal name, valid email address and legal business name and address when you sign up for the Service.

b. You must provide valid credit card information to sign up for the Service. KPIfix uses a third party to verify and process your credit card for payment.

c. Multiple uses of one user’s profile (username and password) are not permitted. Each individual user must have a unique username and password.

4. User Rights and Responsibilities

a. You are responsible for all user specific content entered into the Service. KPIfix is not responsible for any of this user specific content.

b. Where the kpifix.com application itself, its databases, all related programming code, and all intellectual property rights belongs to KPIfix, the data you enter into the Service belongs to you. You agree to let us use this data solely to provide the Service to you without charging KPIfix any fees or stipulating any limitations on the use of your data.

c. You may be exposed to content posted by users onto kpifix.com that is out of the control of KPIfix. Users are responsible for what is posted into the database. KPIfix is only responsible for the application itself and all its programming functionalities, but NOT the content that is posted into the site.

d. You may not use the Service for any illegal or unauthorized purpose, or for any purpose that would violate any law in your jurisdiction, including but not limited to copyright laws.

e. Users are responsible to keep their username and passwords safe and secure. KPIfix will not be responsible for any loss or damage relating to your obligation to keeping your username and password safe and secure.

f. If you become aware that your username and/or password are being used by someone else, you agree to notify KPIfix immediately via email on privacy @ kpifix.com.

g. You agree that the kpifix.com website may become inaccessible from time to time due to several reasons including but not limited to failure of equipment or scheduled maintenance.

5. Forum Board

a. Kpifix.com operates a Forum Board separate to the kpifix.com website. Users’ posts to this forum board cannot be controlled by KPIfix.

b. KPIfix will take every measure possible to monitor and control posts to the KPIfix Forum Board.

c. This Agreement does not cover usage of the Forum Boards.

d. The Forum Boards contain links to Third Party websites that are not controlled by KPifix. These links are informational and are intended to help users get a broader understanding of business performance management and the balanced scorecard. KPIfix makes no warranties or representations, expressed or implied regarding these third party links.

e. KPIfix has the right, but not the obligation to remove content from the Forum Board that it deems necessary.

6. Copyright and Trademarks

a. All copyrights and trademarks associated with KPIfix and its website kpifix.com are owned by KPIfix. This includes but is not limited to all contents, logos, and the general look and feel of the kpifix.com website.

b. KPIfix agrees to allow visitors and account owners to view and use the kpifix.com website.

c. Users are permitted to download and print content from the website for their own personal and non-commercial use. However, users are prohibited from reproducing, copying or distributing any content from kpifix.com under all applicable Trademark and Copyright laws.

7. Intellectual Property

a. KPIfix owns all rights, title and intellectual property relating to the KPIfix software and all related programming, databases and technology surrounding the website.

8. Warranties

a. KPIFIX PROVIDES ITS CONTENT AND THE SERVICE TO YOU ON AN “AS-IS” BASIS, AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR OPERATION OF THE SERVICE ON KPIFIX.COM. USERS AGREE TO USE THE SERVICE SOLELY AT THEIR OWN RISK.

b. KPIFIX MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND THAT:
i. THE SERVICE WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
ii. THE QUALITY OR ACCURACY OF THE SERVICE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
iii. ERRORS IN THE SERVICE WILL BE CORRECTED, AND
iv. THE SERVICE IS FREE OF ANY VIRUSES OR ANY SIMILAR COMPUTER CODE THAT COULD CAUSE DAMAGE TO YOUR DATA OR COMPUTER ENVIRONMENT.

c. KPIFIX EXPRESSLY DISCLAIMS ANY WARRANTIES THAT THE SERVICE WILL BE FIT FOR ANY PARTICULAR PURPOSE.

9. Limitation of Liabilities

KPIFIX SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO KPIFIX.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF KPIFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, KPIFIX’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

10. Indemnification

You shall defend, indemnify and hold harmless KPIfix and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

11. Billing and Payment Terms

a. All KPIfix services on kpifix.com are subscription based products. Users pay a monthly subscription for use of the Service.

b. All accounts come with a FREE 30 day trial period. Credit card information is collected at the time of registration, but your credit card will not be billed unless the user agrees to continue using the Service past the 30 day free trial period.

c. If you cancel within the 30 day FREE trial period, KPIfix will not bill your credit card with any charges.

d. If you cancel after 30 days from date of registration, KPIfix will stop billing your credit card with monthly subscription charges, depending on the plan you signed up for.

e. Monthly charges are billed in advance of that month’s Service. For example, you will be billed on the first day of the month which is payment for that month’s service.

f. KPIfix will not refund any amounts already charged to your credit card. There will be NO partial period billing. For example, if you cancel halfway through your billing period, KPIfix will NOT refund half of that month’s subscription fee already billed to your credit card. No exceptions will apply.

12. Termination of Service

a. If you cancel your account with KPIfix, your account, and this Agreement between you and KPIfix will automatically terminate.

b. KPIfix can, at its sole discretion terminate your Service and this Agreement if you have breached any of the Terms of this Agreement, or if you have acted in a way that is clearly contrary to the Terms of this Agreement or the intended purpose of this Service.

c. KPIfix can terminate this Agreement at its sole discretion if we believe we are required to do so by law (for example, if it becomes unlawful for a user to continue using the Service).

13. Modifications to this Agreement

a. KPIfix reserves the right to change and modify the Terms at any time without any notice.

b. Any new features or modifications to the Service made from time to time shall be subject to this Terms of Use Agreement. Continued use of the Service after these new features or modifications constitutes your consent to such changes.

c. You will be notified of any modifications of this Agreement on our website, and you can view modifications at www.kpifix.com/policies.asp

14. Governing Law and Dispute Resolution

a. This Agreement shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions.

b. Any dispute with KPIfix, its officers, directors, employees, agents or affiliates shall be exclusively resolved through the small-claims court of the Superior Court of the State of California, in the County of Los Angeles, California.

15. General

a. Violation of any of the Terms in this Agreement will result in your account being immediately terminated.

b. You agree to use the Service at your own risk.

c. You must be a human to use this Service. Accounts registered as “bots” or other automated methods are not permitted.

d. You may not agree to the Terms of this Agreement if you are not of legal age to do so.

e. You must not use this Service for any illegal or unauthorized purposes.

f. If any portion of this Agreement is deemed unlawful, void or unenforceable, it shall not render the whole Agreement unlawful, void or unenforceable. Only the unlawful, void or unenforceable portion shall be stricken from the Agreement.

g. The failure of KPIfix to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

h. All covenants, agreements, representations and warranties made in this Agreement shall apply when you enter into this Agreement, and when this Agreement is terminated.

i. This Agreement represents the entire understanding and agreement between you and KPIfix and supersedes all other previous agreements, including but not limited to all previous versions of this Agreement.

j. Questions or comments about this Agreement should be sent to legal@kpifix.com.

Our Policies