2. USE OF THE SITE
You agree not to circumvent, disable or otherwise interfere with the security-related features of the Site, the Demo Application or the Services (including without limitation those features that prevent or restrict use or copying of any Content) or enforce limitations on the use of the Site, the Demo Application or the Services or the Content therein.
Company may change, suspend or discontinue any aspect of the Site, the Demo Application or Services at any time. The Company may also impose limits on certain features and services or restrict your access to all or a portion of the Demo Application or the Site without notice or liability.
3. USE OF DEMO APPLICATION
We reserve the right to terminate or modify the Demo Application in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Demo Application is unavailable at any time or for any period.
You shall use the Demo Application exclusively to test and evaluate the infinitrac document and project management system. You agree that you are solely responsible to us for all activities identified with your access and use of the Demo Application.
The Demo Application is a collection of document and project management tools that automatically reset on a timed schedule. Any inputs or uploads by a user of the Demo Application which remain on following your use and will be visible and usable to, and downloadable by, all other users that access the Demo Application before it is reset. You hereby grant to all users of the Demo Application a royalty-free, fully-paid, non-exclusive, non-transferable, sub-licensable, worldwide right to use any materials, data and intellectual property provided by you to each other user of the Demo Application solely to use the Demo Application as described herein.
In addition to the restrictions set forth in Section 4 below, you agree not to access or use (and shall not permit others to access or use) the Demo Application as follows:
a) Other than for evaluating the infinitrac document and project management system;
b) To transmit any confidential or sensitive information of any kind, including personally identifiable information, sensitive personal data, health information and any kind;
c) To access the Demo Application for the purpose of developing a product or service that competes with the infinitrac document and project management service;
d) To reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner;
e) That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
f) To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
g) To monitor or attempt to gain unauthorized access to: (1) an account or computer not belonging to you; (2) any data, information or communications on any network or system not owned by you, without authorization; (3) any system or network user accounts or passwords of other users, without authorization; or (4) e-mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting); and
h) That is false, deceptive, misleading or fraudulent, including but not limited to: (1) any attempt to impersonate any person or entity, including any other user, Company or a Company employee; (2) to misrepresent your identity or affiliation with any person or organization; and (3) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
4. RULES OF CONDUCT
You acknowledge and agree that:
b. You will not impersonate another User or any other person or entity without their express prior written consent.
c. You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
d. You will not use the Services in a manner that:
o Is illegal, or promotes or encourages illegal activity;
o Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
o Promotes, encourages or engages in child pornography or the exploitation of children;
o Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class, is threatening, libelous, or otherwise unlawful or tortious;
o Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
o Infringes on the intellectual property rights of another User or any other person or entity;
o Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
o Imposes an unreasonable or disproportionately large load on the Demo Application or Site's infrastructure or otherwise interferes with the operation of the Services;
o Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
o Contains false or deceptive language.
e. You will not modify or alter any part of the Site, the Demo Application or the Services or any of its related technologies.
f. You will not sublicense, distribute, rent, lease or assign this Agreement, the Services, the Demo Application or any data generated by you from your use of the Demo Application or Services ("Service Data") to any other person or entity;
g. You will not modify, reverse engineer, decompile, disassemble, translate, alter or create derivative works based on the Services or the Demo Application;
h. You will not create Internet “links” to or from the Services, or “frame” or “mirror” any content forming part of the Services;
i. You will not send spam or other duplicative or unsolicited messages in violation of applicable laws;
j. You will not attempt to gain unauthorized access to the Services or its related systems or networks;
k. You will not access, or allow access to, the Services in order to (1) build, or assist a third party in building, a competitive product or service, or (2) copy, or assist a third party in copying, any ideas, features, functions or graphics of the Service;
l. You will not use the Services to advertise, sell or exchange any products or services relating to illegal or illicit activities, including, without limitation, sexual products or services, drug products or services, pornographic materials, weapons or involving credit repair services;
The Site and the Demo Application may contain links and pointers to other World Wide Web sites and resources. Links to and from other web sites maintained by third parties, do not constitute an endorsement by Company or any of its affiliates of any third party web site or content. Company is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its web site administrator or webmaster.
6. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY
USE OF THE SERVICES IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ACCESS OR USE OF THE SERVICES WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED, OR THAT INFORMATION OR CONTENT, WILL BE ACCURATE OR TIMELY.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES, COST OF COVER OR PUNITIVE OR EXEMPLARY, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND) IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE SERVICES, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF ISSUER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN DELIVERY OR FURNISHING THE SERVICES OR DISCONTINUANCE THEREOF. COMPANY’S TOTAL LIABILITY WILL NOT, IN ANY EVENT, EXCEED THE FEES ACTUALLY PAID BY YOU TO COMPANY FOR THE USE OF THE DEMO APPLICATION AND SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE BREACH OR DAMAGE.
7. INTERNATIONAL USE
We make no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE
You acknowledge that all right, title and interest in and to the Services and all Content is the sole and exclusive property of Company, and is protected by U.S. and international copyright laws.
In consideration for Company providing the Services and Service Data to you, Company shall have the perpetual right to maintain access and use all data or information provided by you in connection with your use of the Service for its internal and commercial purpose.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of Company without its prior written consent. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks, or trade names without the prior written consent of Company. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of Company. Any unauthorized use terminates any license or permission granted by Company. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Site.
All Company trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Site are the sole and exclusive property of Company. You may not copy or use any of Company's marks or any marks confusingly similar to Company's marks without the prior written consent of Company, nor may you use Company's marks in any manner that discredits or disparages Company. All other trademarks not owned by Company that appear on the Site or in the Demo Application are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
9. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content has been posted in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work(s) claimed to have been infringed;
A description of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Company's designated Copyright Agent for notice of claims of copyright infringement is: email@example.com.
12. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES
The Site may contain typographical errors or inaccuracies and may not be complete or current. On the Site some products may appear larger or smaller than their actual size. Company therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
LAST UPDATED: September 28, 2016