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Terms of
Service1. ACCEPTANCE OF TERMS
Your use of the software and any service or information on this
website is subject to these Terms of Service ("TOS"). SiteAll
Technologies reserves the right to update and change the TOS
from time to time without notice or acceptance by you. You can
review the most current version of the TOS at any time at:
http://www.siteall.com/company/disclaimer.htm. You must be
at least 13 years old to use the Service. The TOS will also be
applicable to the use of the software on a trial basis.
2. DESCRIPTION OF SERVICE
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of
new versions, features, resources, or content, shall be subject
to the TOS. In order to use the Service, you must obtain access
to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated
with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web,
including a computer and modem or other access device. You also
understand and agree that the service may include certain
communications from SiteAll Technologies, including but not
limited to service announcements, administrative messages, and
product announcements. Should you wish, you may opt out of
receiving these messages by notifying us at info@siteall.com
with your request. Please include your email address and SiteAll
username. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service shall be subject to
the TOS. You agree not to access the Service by any means other
than through the interfaces that are provided or explicitly
approved by SiteAll Technologies for use in accessing the
Service.
3. REGISTRATION
In order to use the Service, you may need to provide SiteAll
Technologies with a credit card, billing information and other
information ("Registration Data"). Account Holder will choose a
user name and password during the Service's registration
process. You are responsible for maintaining the confidentiality
of the password and account and are fully responsible for all
activities that occur under your password or account. You agree
to immediately notify SiteAll Technologies of any unauthorized
use of your password or account or any other breach of security.
SiteAll Technologies cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section
3. In consideration of use of the Service, you agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form, and (b)
maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or
incomplete, or SiteAll Technologies has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, SiteAll Technologies has the right to suspend or
terminate your account and refuse any and all current or future
use of the Service (or any portion thereof). If you register to
use the paid versions of the Service on a free-trial basis, you
will also have to go through the registration process, including
entering in your credit card. On the 14th day of the trial, if
you have not cancelled the trial, the account will be
automatically converted to a paid account and you will be billed
for the Service.
You agree that you alone may use the Service with your account,
and that sharing your account information and access with anyone
else is prohibited.
4. SITEALL TECHNOLOGIES PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy, the terms of which are
incorporated
here.
5. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will SiteAll Technologies be liable in any way for
any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content transmitted or
otherwise made available via the Service. You acknowledge that
SiteAll Technologies does not pre-screen Content, but that
SiteAll Technologies and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or move
any Content that is available via the Service. Without limiting
the foregoing, SiteAll Technologies and its designees shall have
the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate and
bear all risks associated with the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of
such Content.6. ADDITIONAL SOFTWARE
With respect to any additional software that may be made
available by SiteAll Technologies in connection with the
Service, if you elect to download or access such additional
software, you understand that you may have to agree to
additional terms and conditions before you use such software.
7. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside. 8. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because SiteAll
Technologies has no control over such sites and resources, you
acknowledge and agree that SiteAll Technologies is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that SiteAll Technologies shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through
any such site or resource. 9. INDEMNITY
You agree to indemnify and hold SiteAll Technologies, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Service, your
connection to the Service, your violation of the TOS, or your
violation of any rights of another.
9. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or
access to the Service without the express permission by SiteAll
Technologies.
10. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that SiteAll Technologies may establish general
practices and limits concerning use of the Service.
11. MODIFICATIONS TO SERVICE
SiteAll Technologies reserves the right at any time and from
time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without
notice. You agree that SiteAll Technologies shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service.
12. SITEALL TECHNOLOGIES' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contains proprietary and confidential information that is
protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by SiteAll Technologies
or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SITEALL
TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
(b) SITEALL TECHNOLOGIES WILL MAKE REASONABLE EFFORTS TO
MAINTAIN THE SERVICE HOWEVER, SITEALL TECHNOLOGIES IS NOT
RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION
OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT
OF DELAYS, MIS-DELIVERY OR NON-DELIVERY OF INFORMATION,
RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS,
UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE,
OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR
MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY
RESIDE ON THE SERVICE. SITEALL TECHNOLOGIES DOES NOT WARRANT
THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SITEALL TECHNOLOGIES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF SITEALL TECHNOLOGIES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM
THE SERVICE (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. GENERAL
Notices to you may be made via either email, postal mail, or
custom feed. SiteAll Technologies respects the intellectual
property rights of others, and we ask our users to do the same.
The TOS and the relationship between you and SiteAll
Technologies shall be governed by the laws of the State of
Colorado. You and SiteAll Technologies agree to submit to the
personal and exclusive jurisdiction of the courts located within
the county of Douglas, Colorado. The failure of SiteAll
Technologies to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or
provision. The TOS constitutes the entire agreement between you
and SiteAll Technologies and governs your use of the Service,
superseding any prior agreements between you and SiteAll
Technologies (including, but not limited to, any prior versions
of the TOS). You also may be subject to additional terms and
conditions that may apply when you use affiliate or other
SiteAll Technologies software or services, third-party content
or third-party software. If any provision of the TOS or
incorporated documents are found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision and the other
provisions of the TOS remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal or
contractual effect.
17. VIOLATIONS
Please report any violations of the TOS to info@siteall.com. |