Terms of Service
BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ( the terms "you" or "yours" includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("Agreement"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
To register for the Service and create an account, you must complete the registration process by providing Softomate with complete and accurate information as prompted by the registration form, including e-mail address and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify Softomate immediately of any unauthorized use of your account or any other breach of security.
Payment, Refunds, Upgrading and Downgrading Terms
The Service is billed in advance on a monthly basis.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Softomate does not accept any liability for such loss.
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by using your Control Panel.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
SOFTOMATE hereby grants you a non-exclusive license to distribute AlertGear client software created by the Software.
License allows you to use one AlertGear client for a website(s) owned by you or your company with an limited distribution right.
Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the Service, or (ii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the Service, including, but not limited to, by sharing your access username and/or password.
As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on the Softomate website.
We may change the fees for our Service at any time and from time to time effective immediately upon posting on our website, provided that, no fee change will be effective as to Service orders accepted by Softomateprior to the effective date of such change.
Unless otherwise stated, all fees are stated in U.S. Dollars. All fees are payable [monthly/annually] in advance. We reserve the right to deactivate your access to the Service for failure to pay applicable fees as to any Session. If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement.
You have the exclusive right to use all data derived by your use of the Service, including reports, for any purpose related to your business and you shall retain ownership of all confidential information and statistics relating to your website.
REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
You represent and warrant to Softomate that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website.
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Softomate and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
Softomate does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Softomateshall not be responsible for unauthorized access to or alteration of your data.
THE SERVICE, THE SERVICE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SOFTOMATE EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SOFTOMATE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Technical support is only provided to paying account holders and is only available via email.
You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Softomate) of other AlertGear customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Softomate does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond Softomate's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Softomate or your servers are located or co-located.
LIMITATIONS OF LIABILITY
Softomate WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
SOFTOMATE'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO SOFTOMATE FOR USE OF THE SERVICE.
TERM AND TERMINATION
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement. Further, if you do not renew your account within thirty (30) days after expiration of your last-to-expire Session, this agreement will automatically terminate.
Upon any termination of this agreement, (i) Softomate will cease providing the Service; (ii) you will delete all copies of the software and certify thereto in writing to Softomate within five (5) business days of such termination; (iii) any outstanding balance payable by you to Softomate will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Softomat here serves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the Softomate website located at http://www.alertgear.com/ (or such other URL as Softomate may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Softomate, (ii) you accept updated terms online, or (iii) you continue to use the Service after Softomate has posted updates to the Agreement or to any policy governing the Service.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.