Acceptable Use

Terms of Use Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

1. OVERVIEW 

These Terms of Use (“Terms of Use”) sets forth the terms and conditions of your use of the website for infinitrac.com ("Site"), the infinitrac demonstration application at demo.infinitrac.com (the “Demo Application”) and the content, functions and services found at the Site and on the Demo Application (individually and collectively, the “Services”), all of which is owned by infinitrac, Inc., ("Company" or "we" or similar references)   The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use by using the Site, the Demo Application or the Services.  If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. USE OF THE SITE 

The content of the Services, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein (“Content”), are owned by or licensed to Company, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights of other legal restrictions under United States and foreign laws. The Demo Application, Services and Content are provided to you “as is”, “as available” and “with all faults” for your information and use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use.  Company reserves all rights not expressly granted in and to the Content, the Site, the Demo Application and the Services, and these Terms of Use do not transfer ownership of any of these rights.  You specifically agree not to distribute any of the Content without our prior written permission.

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

By accessing or using the Demo Application, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Demo Application.

Personally identifiable information you submit to the Demo Application is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you may not use the 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:

a. Your use of the Site, the Services, including any content you submit will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations. 

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; 

5. LINKING 

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:  info@infinitrac.com.

10. INDEMNIFICATION 

You hereby agree to indemnify and hold Company and any entity affiliated with Company, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the "Company Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Services and Demo Application, (B) any alleged breach of this Terms of Use by you, (C) your negligence or willful/intentional misconduct, or (D) any action or inaction of you or persons under your control that causes Company to breach or incur liabilities to a third party.

 11. TERMINATION

Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service without notice or liability at any time in Company's exclusive discretion, without prejudice to any legal or equitable remedies available to Company, for any reason or purpose, including, but not limited to, conduct that Company believes violates these Terms of Use or other policies or guidelines posted by Company or conduct which Company believes is harmful to other customers, to Company's business, or to other information providers. In addition, this Terms of Use may be immediately terminated at any time by Company in its sole discretion. In addition and without prejudice to any other remedy available to Company, Company may immediately terminate this Terms of Use if you breach any term of this Terms of Use or other operating term set forth by Company. 

12. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES 

This Terms of Use shall be governed in accordance with the laws of the State of Ohio, without reference to conflict of laws principles.  The Parties consent and submit exclusively to the jurisdiction and service of process of the courts of the State of California or the courts of the United States located in Sacramento County, California.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.  To the extent permissible by law, the Uniform Computer Information Transaction Act will not apply to this Agreement.  In the event either party brings an action to enforce this Agreement (including any attachments or schedules), the prevailing party shall be entitled to recover from the losing party all reasonable attorneys’ fees and costs associated with the enforcement proceeding, including fees and costs incurred in any appellate proceeding.

13. PRIVACY POLICY

The Site is a United States web site and is subject to United States law. Company's use of data collected via the Site is governed by our Privacy Policy. A link to the Privacy Policy can be found in the footer of any Company Site. You acknowledge and agree that our Privacy Policy is incorporated into this Terms of Use.

14. MISCELLANEOUS 

This Terms of Use constitutes the entire terms of Use between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Company in its sole discretion may amend this Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. If any term in this Terms of Use is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Terms of Use are for convenience only and must not be given any legal import. 

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.

15. ACCEPTANCE OF TERMS OF USE 

By using the Service you signify your agreement to the terms of this Terms of Use. If you do not agree to the terms in this Terms of Use, you must not use the Service. Company may change the terms of this Terms of Use at any time, and your use of the Service after such changes are posted will mean that you accept them. 

LAST UPDATED: September 28, 2016