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nPost Metrics

Ever wonder if your startup is performing well?  Whether you are focused on consumers, the enterprise (b2b) or mobile markets nPost Metrics helps you benchmark your business.

What kind of conversion rates you should expect? Ever wonder if you’re paying your team fair startup salaries?  What models work and what don’t?

nPost Metrics is going to bring science into the world of startups.

Our quarterly reports provide benchmarking and trending for startups (learn more).

nPost Metrics is based upon three guiding principles:

  1. You own your data
  2. You are simply providing us the right to use it.
  3. All personal data will be removed from our reports

GET STARTED >>>
(Participating companies receive free benchmark reports)

All data is confidential: company name, URL, and contact information is confidential and only used for internal tracking purposes. If you have any questions, please email us at metrics [at] npost.com.

See Plans & Pricing >>

DATA CONFIDENTIALITY AND LICENSE AGREEMENT

THIS IS A DATA CONFIDENTIALITY AND LICENSE AGREEMENT (“AGREEMENT”) BETWEEN NPOST.COM LLC (“NPOST METRICS”) AND THE ENTITY (“PARTNER” OR “YOU”) SUBMITTING CERTAIN DATA TO NPOST METRICS HEREWITH. PARTNER IS WILLING TO GRANT NPOST METRICS THE FOLLOWING LICENSE TO USE THE PARTNER DATA (AS DEFINED BELOW) ACCORDING TO THIS AGREEMENT ONLY ON THE CONDITION THAT PARTNER ACCEPTS ALL TERMS IN THIS AGREEMENT.

by clicking on the “Accept” button below, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you do not agree to any of the terms below, nPost Metrics is unwilling to receive your Data, and You should click on the “Do Not Accept” button below to discontinue the submission process.

1. TREATMENT OF CONFIDENTIAL INFORMATION.

(a) Ownership of Confidential Information. The parties acknowledge that during the performance of this Agreement, nPost Metrics will have access to certain of Partner’s Confidential Information or Confidential Information of third parties that the Partner is required to maintain as confidential. Both parties agree that all items of Confidential Information are proprietary to the Partner or such third party, as applicable, and will remain the sole property of the Partner or such third party. For the purposes of this Agreement, “Confidential Information” shall mean all written or oral information, disclosed by either party to the other, related to the operations of either party or a third party that has been identified as confidential.

(b) Confidentiality Exceptions. Notwithstanding the foregoing, the provisions of Section 1(a) will not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing party without restriction, including but not limited to through submission of the information to nPost Metrics and the grant of the license as set forth in Section 2 hereof. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (y) to establish a party’s rights under this Agreement, including to make such court filings as it may be required to do. For the avoidance of doubt, in no way shall this Section 1 limit the rights of nPost Metrics to utilize, modify, create derivative works, display and distribute the Partner Data as set forth in Section 2 hereof.

2. LICENSE. Partner hereby grants to nPost Metrics a nonexclusive, perpetual, royalty-free, irrevocable right and license (i) to receive your data submitted herewith (“Partner Data”), (ii) to utilize, modify, create derivative works, display and distribute the Partner Data without restriction, and (iii) to use Partner’s trademarks in a manner consistent with this Agreement. Except for the limited license granted in this Section 1, Partner retains all right, title and interest in and to the Partner Data and its data sources, including, without limitation, all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests in the Partner Data. Partner reserves all rights except for those rights expressly granted herein. Partner represents and warrants that it owns or otherwise has sufficient rights, including all “moral rights,” and other rights regarding the nature of the Partner Data (i.e., the right to provide the Partner Data without violating any privacy laws) to grant nPost Metrics access to and use of the Partner Data, in accordance with the terms of this Agreement.

3. TERM. This Agreement shall commence as of the submission of the Agreement and shall continue perpetually thereafter.

4. PROHIBITED PARTNER DATA. Partner shall have no obligation to provide, and shall not provide, any Partner Data, the provision of which would violate any applicable laws or regulations (including, but not limited to, the Gramm-Leach-Bliley Act, Public Law 106-102 (“GLB”)) or that would otherwise infringe the informational rights of any third party, or that would breach the Partner’s contractual obligations to a third party. Without limiting the provisions of the foregoing, Partner shall not, provide to nPost Metrics any Partner Data containing, or comprised of, personally identifiable information or nonpublic personal information about an individual person, as defined in GLB. For sake of clarity, Partner will not provide nPost Metrics any Partner Data including, but not limited to, social security numbers, account numbers, account passwords or other data the breach of which would require nPost Metrics to tender a data breach notice under applicable state and federal laws.

5. CONSIDERATION. In consideration for the Partner Data provided pursuant to this Agreement, nPost Metrics agrees to provide to Partner complementary access to nPost Metrics reports. Any applicable federal, state, local, or foreign sales or use taxes arising from this Agreement shall be borne by Partner.

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

(a) EXCEPT AS EXPRESSLY WARRANTED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES DISCLAIM ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT.

(b) Limitation of Liability. IN NO EVENT SHALL NPOST METRICS BE LIABLE TO PARTNER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF NPOST METRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. WITHOUT LIMITING THE FOREGOING, THE CUMULATIVE LIABILITY OF NPOST METRICS FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED ONE THOUSAND DOLLARS (US$1000.00). THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

7. MISCELLANEOUS. This Agreement sets forth the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and, except as specifically provided herein, supersedes and merges all prior oral and written agreements, discussions and understandings between the parties with respect to the subject matter hereof. This Agreement may not be amended or modified except in a writing duly executed by authorized representatives of both parties. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision will be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in this Agreement will not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of this Agreement invalid or unenforceable whatsoever. No waiver under this Agreement will be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of such waiver is sought. Any such waiver will constitute a waiver only with respect to the specific matter described therein and will in no way impair the rights of the party granting such waiver in any other respect or at any other time. Partner shall not assign any of its rights or delegate any of its duties under this Agreement without the express, prior written consent of nPost Metrics, and, absent such consent, any attempted assignment or delegation will be null, void and of no effect. This Agreement may be executed in any number of counterparts, each of which when so executed will be deemed to be an original and all of which when taken together will constitute one Agreement.

8. GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THEREOF OR TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. FOR PURPOSES OF ALL CLAIMS BROUGHT UNDER THIS AGREEMENT, EACH OF THE PARTIES HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON.

You accept this agreement by clicking the above link.

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