Terms and Conditions of Use
LAST UPDATED 4-18-19
- We Provide Our Website For Your Convenience Only
Our Site is provided to you without charge as a convenience and for your information only. By merely providing access to our Site content, we do not warrant or represent that:
∙ the content is accurate or complete;
∙ the content is up-to-date or current;
∙ we have a duty to update any content;
∙ the content is free from technical inaccuracies or typographical errors;
∙ the content is free from changes caused by third party; and
∙ your access to our Site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Site, even if one of our representatives has been advised of the possibility of your damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
- We Provide Our Website “As Is” and Disclaim All Warranties
Our Site, including all content, software and functions made available on or accessed through our Site, is provided “as available” and on an “as is, where is” basis. To the fullest extent permissible by law, we and any subsidiaries and affiliates make no representations or warranties of any kind as to the content, software or functions accessed through our Site, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our Site or any linked site. WE AND ANY SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data or profit arising out of the use or the inability to use the content of this website, even if one of our representatives has been advised of the possibility of your damages. WE DO NOT WARRANT THAT ANY CONTENT, SOFTWARE OR THE FUNCTIONS ACCESSED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND ANY SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
- We Do Not Have Responsibility For Links To Third Party Content
We may provide hyperlinks or pointers to other websites maintained by third parties or may provide third party content on our website by framing or other methods. The links to third party websites are provided for your convenience and information only. The content in any linked websites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
- If We Provide a Link, We Do Not Necessarily Endorse a Third Party
We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website does not mean that we endorse, adopt, authorize or sponsor that website. It also does not mean that we are affiliated with the third party website’s owners or sponsors.
- If a Third Party Links to Our Site, It Is Not an Endorsement
If a third party links to our Site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Site.
A website that links to our Site:
∙ May link to, but not replicate, our content;
∙ May not create a browser, border environment or frame our content;
∙ May not imply that we are endorsing it or its products;
∙ Should not misrepresent its relationship with us;
∙ Should not present false information about our products or services; and
∙ Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
- If You Transmit or Provide Data to Us, It Is Non-Confidential
- By Providing Content, We Do Not Allow You to Use Our Trademarks
The trademarks, service marks, trade names and logos used and displayed on our Site are our registered and unregistered trademarks. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. The name “ActivTrak” or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission. You may not use any metatags or any other “hidden text” utilizing ActivTrak’s name or trademarks without the express written consent of ActivTrak. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance.
ALL OTHER TRADEMARKS, SERVICE MARKS, AND TRADE NAMES ARE THE PROPERTY OF THEIR RESPECTIVE COMPANIES. ACTIVTRAK DISAVOWS ANY PROPRIETARY INTEREST OR CLAIMS IN THE MARKS OF OTHER COMPANIES OR CORPORATIONS.
- All Content on Our Website Is Copyrighted
All content included on this Site, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of ActivTrak or its affiliates and suppliers, and is protected by United States and international copyright laws. The compilation of all Content on this Site is the exclusive property of ActivTrak and protected by U.S. and international copyright laws. You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) without our prior express written permission.
- You Have Certain Responsibilities in Accessing Our Site
When retrieving information from the Site, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction, navigation, or search tools, except for a normal browser as used by a natural person, (b) aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site, (c) accessing data not intended for you or attempting to gain unauthorized access to, interfere with, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site, (d) accessing the Site for the purpose of competing with ActivTrak or using the Site for purposes of benchmarking or other similar purposes, (e) using the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s user of the Site, or (f) attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.
By accessing the Site, you agree:
- You represent and warrant that you are legally entitled to enter into these Terms and Conditions.
- You represent and warrant that you are at least 18 years old.
- You shall not allow any other person or entity to access or use your account.
- You shall be solely responsible for all activity associated with your account, including any data, text, links, media or other content that you submit to ActivTrak via the Site (collectively, the “User Content”). Such User Content also includes any content you submit by emailing ActivTrak.
- You shall not use the Site for any illegal or unauthorized purpose.
- You acknowledge that, by accessing or using the Site, certain mobile carrier charges may apply, including SMS charges and data charges.
- You shall not transmit worms, viruses or any code of a destructive nature to ActivTrak, other users, or the Site.
- You shall not abuse, harass, threaten, harm or impersonate other ActivTrak users or employees of ActivTrak or any of its partners, at any time or for any reason.
- Except as expressly provided in these Terms and Conditions, any reproduction, display or other dissemination of information or content contained in this Site is strictly prohibited and constitutes copyright infringement.
This Site is controlled by us from our offices within the United States of America. We make no representation that content or materials on the Site are appropriate or available for use in other jurisdictions. Access to our Site content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws, including any such laws pertaining to data privacy. We are not responsible for any violations of law. You may not use or export the materials on this Site in violation of U.S. export laws and regulations.
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination, or suspension of your rights to use the Site. Furthermore, ActivTrak reserves the right to terminate or suspend your rights to use of the Site for any reason. ActivTrak also reserves the right to bring legal action against you for any loss or damage that it may suffer as a result of your violation of the Terms and Conditions.
- You Are Bound by Changes in these Terms and Conditions
We may at any time revise these Terms and Conditions by updating this posting. By using our Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by other legal notices or terms located on parts of our Site.
- You Agree to Indemnify Us for Using Our Site
You hereby jointly and severally agree to indemnify, defend and hold us and our suppliers or affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our Site or any breach by you of these Terms and Conditions. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent.
- Third Parties May Have Rights Under This Agreement
Some of the provisions of this agreement are for the benefit of ActivTrak and its affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Governing Law
These Terms and Conditions shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may change, suspend or discontinue any aspect of our Site or service at any time. ActivTrak reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability.
We welcome your questions and comments regarding these Terms and Conditions and anything else on this Site. Please email us at firstname.lastname@example.org.
Website Code of Conduct
We want all visitors to our websites to have a safe, interesting and friendly experience. Accordingly, all users of our sites and any contributions they make to the sites must comply with this Code of Conduct. Your use of our websites means that you accept and agree to abide by this Code of Conduct, which supplements and forms part of the Website Terms (which you can access by clicking on the link at the bottom of our websites).
We may need to revise the Code of Conduct from time to time by amending this page. Please review this page regularly to ensure you are aware of any changes we make as they are legally binding on you. If you reasonably believe that any contribution to our websites made by another user contravenes this Code of Conduct and/or any of the Website Terms, please notify us.
Within this Code of Conduct, “contribution” means any material posted or uploaded to our websites by a member of the public, including without limitation any text, photographs, graphics, video or audio material.
- must be your own original work. You may be entitled to incorporate into your contribution certain material made available on our websites but only where that is expressly made clear. Otherwise, all material in your contributions must be your own original piece of work and should not plagiarize others’ work.
- must not infringe anyone else’s rights, including copyright or intellectual property rights. Your contributions must not plagiarize or infringe the rights of any other person including any copyright, database, trade mark, trade secret, privacy, publicity, personal or proprietary rights of any kind. Therefore, with regard to existing articles, news reports, music, video clips or other copyright material you will generally need the explicit permission of the relevant copyright owners
- must not in any way interrupt, damage, impair or render less efficient, the functionality of ActivTrak services
- must not contain unlawful or objectionable content nor involve disruptive, offensive or abusive behavior. Please be respectful and civil to other members, even if you disagree with them. Material that is unlawful, harassing, threatening, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable.
•must be true and accurate. Your contributions must be true, accurate (where they state facts) and be genuinely held (where they state opinions).
- must not contain unsuitable or irrelevant website addresses or URLs. Links to pornography, commercial or other inappropriate content may be deleted.
- must not promote illegal or anti-social behavior. Contributions must not contain violent or sexually explicit material or advocate, promote or assist any unlawful act such as (by way of example only) terrorist acts, copyright infringement or computer misuse.
- must not misrepresent their origins. Contributions and/or user names may not be used to impersonate any other person, to misrepresent your identity or affiliation with any person or to give the impression that they emanate from us, if that is not the case.
- must not be in any language other than English (or the predominant language of the website if not English). Contributions in other languages may be removed.
- must not involve any flooding, spamming or advertising. Flooding is when the same comment is posted over and over in the same forum; spamming is the posting of the same comment (or very similar) to more than one forum. All advertisements, chain letters, pyramid schemes, junk mail and any other forms of commercial solicitation are prohibited.
- must not disclose any sensitive personal data (e.g., data relating to a person’s racial or ethnic origin, political affiliate, religious or philosophical beliefs or trade union membership, genetic data, biometric data, data concerning health or data concerning a person’s sex life or sexual orientation). Contributions to this website are publicly available and can be viewed by others with whom you may not wish to share such information.
BREACH OF THE CODE OF CONDUCT
It will be our sole decision as to whether there has been a breach of this Code of Conduct. We have the right (but not the obligation) to edit, refuse to post, or to remove any contribution in whole or in part that we deem to be in breach of the Code of Conduct. Where we believe there is a breach of the Code of Conduct, we may take whatever action we feel is appropriate in the circumstances.
Failure to comply with this Code of Conduct constitutes a material breach of the Website Terms, which could result in us taking any of the following actions:
- issuing a warning to you;
- immediate, temporary or permanent withdrawal of any contribution or of your right to use our websites, including deletion of any personal profile;
- legal proceedings against you for reimbursement of all losses and costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and/or further legal action against you; and/or
- disclosure of such information to law enforcement authorities or other relevant third parties as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Code of Conduct. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Last updated: 4-18-19