GTM Docs - Terms of Service

Collection and Use of Information:

Welcome to the Google Tag Manager Docs utility service (“GTM Docs”) provided by Insightful Tech, LLC (“we”, “us” or “our”), as well as any related websites or services owned or controlled by us (collectively, the “GTMD Utility Service” or “Service”). We value the privacy of our users, customers and others who use and/or visit the GTMD Utility Service (collectively or individually, “you” or the “user”).

GTMD Utility Service is a free utility service that provides documentation and alerting for a user's Google Tag Manager site configuration.

To access the GTMD Utility Service, users must at all times agree to and abide by these Terms of Service (“Terms”).. The GTMD Utility Service allows you the option of submitting certain limited information in your use of the Service (collectively, “Information”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE.

By accessing, browsing, using or subscribing to the GTMD Utility Service, you acknowledge that you have read, understood, and agree to be bound by the following terms, including any additional guidelines, and any future modifications. If at any time you do not agree to these Terms, then please terminate your use of the Service.

If you are using or accessing the Service on behalf of a company, entity, or organization other than yourself, then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these terms; (ii) have read the foregoing terms; (iii) understand these terms, and (iv) agree to these terms on behalf of such entity.

1. Privacy. Your privacy is important to us. The Privacy Notice for the GTMD Utility Service is hereby incorporated into these Terms by reference. Please read the Privacy Notice carefully for details relating to the collection, use, and disclosure of your information.
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2. Modification of the Terms. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. You agree to review these Terms periodically for changes. Your continued use of the GTMD Utility Service after the posting of changes constitutes your binding acceptance of such changes. If any such revision is unacceptable to you, your only remedy is to terminate your use of the GTMD Utility Service. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted or published.
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3. Customer Service; Customer Communications and Notice. Please email  support@gtmdocs.com for any customer service related assistance or inquiry. Under these Terms, you consent to receive communications from us electronically if you have chosen the Service’s “alerting” feature. We will communicate with you by email or by posting notices on the GTMD Utility Service website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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4. Eligibility. The GTMD Utility Service is not available to persons under 18 years of age without such persons obtaining express permission from a parent or legal guardian. By subscribing to or using the GTMD Utility Service you represent that you are at least 18 years of age or have express permission for a parent or legal guardian.
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5. Account Activity Responsibility.
   
   1. User Accounts. In order to use certain aspects of the GTMD Utility Service (i.e., the “alerting” feature), you will have to submit information to us and/or may be required to register and create an account. When submitting information or creating an account for the GTMD Utility Service, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your information, account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure, you agree to immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your account.
   
   2. Google Tag Manager Access. In order to allow you to use and access the benefits of the GTMD Utility Service, you are necessarily required to allow GTM Docs to automatically retrieve data from your Google Tag Manager account on your behalf. You hereby represent and warrant that you have the permission, authority, and rights to allow GTM Docs to automatically access your Google Tag Manager account and/or data and to retrieve and process information therefrom. We disclaim any and all liability associated with accessing and retrieving Information from your Google Tag Manager on your or your organization’s behalf. IF AT ANYTIME YOU DO NOT HAVE THE RIGHT AND AUTHORITY TO ALLOW AUTOMATIC ACCESS TO YOUR GOOGLE TAG MANAGER, THEN YOU HEREBY AGREE TO IMMEDIATELY CEASE USING THE GTMD UTILITY SERVICE AND/OR DISABLE SUCH FUNCTIONALITY.
   
   3. Account Information. You acknowledge and agree that we may access, preserve and disclose your account information and related contents in accordance with our Privacy Notice and/or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Information violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of us, our users, or the public.
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6. Payment Terms; Charges and Taxes. GTMD Utility Service is a free utility service.
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7. Restrictions – when using the GTMD Utility Services you agree not to:
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   1. Use the GTMD Utility Service for any purpose that is unlawful or is otherwise prohibited by these Terms;
   
   2. Use the GTMD Utility Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the GTMD Utility Service;
   
   3. Attempt to gain unauthorized access to the GTMD Utility Service, or any part of them, other accounts, computer systems or networks connected to the GTMD Utility Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the GTMD Utility Service or any activities conducted on the GTMD Utility Service;
   
   4. Impersonate another person or access another user’s account without that person’s permission or to violate any contractual or fiduciary relationships;
   
   5. Misrepresent the source, identity, or content of Information transmitted via the GTMD Utility Service;
   
   6. Modify, adapt, translate or create derivative works based upon the GTMD Utility Service;
   
   7. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the GTMD Utility Service, except and only to the extent that such activity is expressly permitted by applicable law or by our express permission notwithstanding this limitation;
   
   8. Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the GTMD Utility Service to any third party; or
   
   9. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the GTMD Utility Service;
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8. Violations; Termination. You agree that we, in our sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with us. In addition, we reserve the right to discontinue any aspect of the GTMD Utility Service at any time. You agree that any termination of your access to or use of the GTMD Utility Service or any account you may have or portion thereof may be affected without prior notice, and you agree that we will not be liable to you or any third-party for such termination.
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9. Ownership; Proprietary Rights. The GTMD Utility Service is owned and operated by Insightful Tech, LLC. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the GTMD Utility Service is protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, transmit, edit, adapt, create derivative works from, or otherwise make unauthorized use of the GTMD Utility Service.
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10. Disclaimers; No Warranties. THE GTMD UTILITY SERVICE AND PROVIDED INFORMATION, DATA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GTMD UTILITY SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
    
    WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GTMD UTILITY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE GTMD UTILITY SERVICE WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GTMD UTILITY SERVICE OR THE SERVER(S) THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    
    WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GTMD UTILITY SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
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11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD- PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSSES OR LIABILITY RESULTING FROM LOSS OF DATA, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOSS OF BUSINESS OPPORTUNITY) THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE GTMD UTILITY SERVICE, OR ANY OTHER INTERACTIONS WITH THE GTMD UTILITY SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    
    YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE GTMD UTILITY SERVICE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
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12. Indemnification; Hold Harmless. You will indemnify, save, and hold us, our officers, investors, directors, employees, shareholders, agents, licensors and subcontractors harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claims, actions or proceedings brought against us or our officers, directors, investors, employees, shareholders, agents, licensors and subcontractors that may arise from your breach of these Terms or from any use which you or your organization make of the GTMD Utility Service. We will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by us. We will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. Without limiting the generality of the foregoing, you agree that the indemnity provided in this section will include and apply to any liabilities, losses, damages, costs and expenses arising from any third-party or user Provided Information you use or transmit to others using the GTMD Utility Service.
    
    
13. Miscellaneous

1. Notice. We may provide you with notices, including those regarding changes to the Terms by email or postings on the GTM Docs website. Notice will be deemed given twenty-four hours after email is sent, unless we are notified that the email address is invalid.
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2. Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
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3. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
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4. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the GTMD Utility Service will be filed only in the state or federal courts in and for New York County, State of New York, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
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5. Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
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6. Assignment. These Terms may not be transferred or assigned by you, but may be assigned by us without restriction.
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7. Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.
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8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
   
   
9. Entire Agreement. This is the entire agreement between you and us relating to the subject matter herein and will not be modified except as otherwise set forth herein.
   
   
10. Claims – Statutes of Limitation. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GTMD UTILITY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    
    
11. Disclosures. The GTMD Utility Service are offered by Insightful Tech, LLC, located at: 3705 West Pico Blvd, PMB 1010, Los Angeles, CA 90019 and email: support@gtmdocs.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.