The personal information collected from you is used to respond to your request for Company’s name and our partner’s products and services, for provision of such products and services, to determine your satisfaction with your purchase(s) and to customize our future interactions to meet your needs. The information about your computer is used to analyze marketing statistics, identify trends and continually improve the way in which we serve you.
We actively collect personal information about you when you provide it voluntarily. This information may include your name, email address, phone number, credit card details (e.g., type, expiry date), postal address, your carrier and other information as defined by applicable federal, state or local law.
We may passively collect information about your computer and/or mobile device, such as your Internet domain name, IP address, device and/or phone number, the type of browser your computer is using, the date and time of your visit, and the page(s) you visited on our website. This is done automatically using a variety of tools, including cookies, server log files and other forms of navigational data collection.
If you already are a customer of Company’s name, you may request access to your account and information related thereto. As part of the process of giving you access to your account, we may request information that identifies you as a customer, such as your password and/or login information. Company’s name encrypts all such customer-identifying information provided to us. We recommend that you not divulge your password to anyone, since you are responsible for any activities undertaken through the use of your password access, whether by you or by someone else.
Your personal information may be shared with our business partners, such as software developers, network providers, device manufacturers, credit card providers, and/or certain retailers, in order to fulfill your request for Company’s name products and services. These business partners should not use this information for any purpose other than to fulfill your request, or support your on-going needs for Company’s name products and services but we cannot ensure that their confidentiality policies are the same as ours. Your computer information, which does not identify you personally, will be aggregated with the information on other website users for analysis, which may be done by Company’s name or by a subcontractor. Your information may also be released if disclosure is required by law, in the event of a corporate sale, merger or similar event, or our systems administrators need to access the information as part of an investigation into technical problems (e.g., spider, bot, worm), vandalism, or other misuse of the Company’s name website or on-device clients.
In the event that Company’s name is acquired (by sale of stock, sale of assets or otherwise), your account information may be one of the transferred assets.
Data Sharing with Company’s name Partners
Company’s name may provide your basic subscriber information when you signed up from a Company’s name link on a partner web page. Basic subscriber information may include name, phone number, email address, device type, application names, postal address.
Company’s name may also provide the ability for subscriber’s to “opt-out” or “opt-in” to share access to their account to authorized Company’s name Partners. By opting in the Company’s name subscriber will be giving access to everything within their account.
Data Collecting using Company’s name
Company’s name directly operated sites may contain links to web sites operated by other companies. Although we choose our business partners carefully, Company’s name is not responsible for the privacy practices of web sites operated by third parties.
Third Party Sites
Cookies and Company’s name
If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. Please note, however, that some areas of Company’s name will not be accessible if you do not have cookies turned on.
Company’s name has no control over any cookies you may receive from visiting websites of any third parties or advertisers, and therefore Company’s name has no control over your ability to accept or reject their cookies should you choose to interact with such third parties or advertisers.
Security / Encryption
Company’s name protects your privacy. All communications containing potentially private or sensitive information between your web browser and our servers is encrypted. All Company’s name servers have their own firewalls to protect your data.
Should you forget your password, please contact us and we can help you to reset your account and choose a new password.
Changes to this Policy
Company’s name is committed to resolving our customers’ privacy concerns. Individuals should contact Company’s name with any concerns they may have regarding this policy. Contact Company’s name directly via e-mail stating the concern.
Term of Services
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF THE SERVICES. THIS AGREEMENT GOVERNS BOTH FREE OF USE/TRIAL USE OF THE SOLUTION OR YOUR PURCHASE AND ONGOING USE OF THOSE SERVICES.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, SIGNING AN ATTACHED SIGNATURE BLOCK, OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. This Agreement was last updated on April 11, 20013. It is effective between You and Us as of the date of You accepting this Agreement.
You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and applicable laws and government regulations. You shall not (a) make the Services available to any third party other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks.
Services may be subject to other limitations, such as, for example, limits on disk storage space, wireless coverage for Mobile Users, ability of a Mobile User’s device to access the service, or on the number of calls You are permitted to make against Our application programming interface.
Cooperation with Investigations
Reservation of Rights. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
Restrictions. You shall not (i) create derivate works based on the Services, (ii) copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iii) reverse engineer the Services, or (iv) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
Ownership of Your Data. As between Us and You, You exclusively own all rights, title and interest in and to all of Your Data.
Suggestions. We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Services.
Definition of Confidential Information. As used herein, ”Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Protection of Your Data. Without limiting the above, We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law or as expressly permitted in writing by You, or access Your Data except to provide the Services or prevent or address service or technical problems, or at Your request in connection with customer support matters.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
Warranties and Disclaimers
Our Warranties. We warrant that (i) the Services shall perform materially in accordance with the User Guide, and the functionality of the Services will not be materially decreased during a subscription term based on the Mobile Users utilizing a fully supported mobile device lists of supported mobile devices can be found with the Service.
Mutual Warranties. Each party represents and warrants that (i) it has the legal power to enter into this Agreement, and (ii) it will not transmit to the other party any Malicious Code (except for Malicious Code previously transmitted to the warranting party by the other party).
Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
Entire Agreement. This Agreement, including all exhibits and addenda hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto, the terms of such exhibit or addendum shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in Your documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.