Title: Terms of Use

BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS THIS SITE

Welcome to the Traction Software Inc's corporate Traction TeamPage server. Please review these Site Terms of Use ("Terms of Use"), which govern your use of our website (the "Site"). In this document, "you" means the person or company using this Site; "we", "us", or "Traction" means Traction Software Inc and its affiliates and "both of us" means both you and us;

This Site provides information for licensed users, partners and affiliates of Traction Software products. These Terms of Use have been written to describe the conditions under which this Site is being made available to you. The Terms discuss important limitations about the way you may use and rely upon materials you find on the Site. Read these Terms carefully. By using this Site, you will be deemed to have accepted them. If you do not accept the Terms, you may not use this Site.

1. SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS

You may view and download the materials at this Site for your personal or organizational use, provided that: 1) you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; 2) you agree to abide by any restrictions imposed by the copyright owner of the material you view and download; 3) your organizational use is limited to the organization that you identify and disclose upon registering with this site (you may update your organizational affiliation if it changes after you register). Any license file obtained from this Site may be used only the the person (if an individual license) or organization named in that license. With the exception of content posted to Traction Projects where you have been granted explicit permission to add, modify or delete content, you may not modify the materials at this Site. You may not in any way reproduce or publicly display, perform, or distribute or otherwise use the content of this Site for any public or commercial purpose without the permission of the copyright holder. Any use of these materials on any other website or networked computer environment for any purpose that is not explicitly permitted by the copyright or license holder is prohibited.

The materials at this Site including but not limited to license files are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. We and our affiliates and suppliers expressly reserve all intellectual property rights, which are not expressly granted in these Terms of Use.

2. LINKS TO OTHER SITES

Links to other sites from this Site are provided solely for your convenience. We are not responsible for the content of any other sites, nor do we make any representations about the content or accuracy of material on any other sites. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

3. USE OF SOFTWARE

If you download any materials from this Site ("Materials"), the use of the Materials is subject to the terms in the License Agreement that accompanies or is provided with the Materials. If a License Agreement does not accompany or is not provided with the Materials, then contact us for the applicable License Agreement. You may not download or use the Materials until you have read and accepted the terms of the applicable License Agreement.

4. OUR USE OF YOUR SUBMISSIONS

Except for content posted to Traction Projects created in accordance with a non-disclosure or confidentiality agreement which we both have signed, we do not want to receive confidential or proprietary information from you through this Site.

With the sole exception stated above, you agree that any material, information, and ideas that you transmit to this site or otherwise provide to us ("Transmissions") will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Transmissions to others without limitation. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.

Personally identifiable information that you submit to us for the purpose of receiving products or services will be handled in accordance with our online privacy statement.

You consent to the collection, processing and storage by us of your personal information in accordance with the terms of our online privacy statement.

5. YOUR CONDUCT

Within this Site and all our other web properties you are not allowed to:



Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. By using the Site, you hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site.

6. DISCLAIMER OF WARRANTY

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the materials, software or services at this Site. We may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and we make no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

7. LIMITATION OF OUR LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUPPLIERS BE LIABLE TO ANYONE ON ACCOUNT OF THE USE OR MISUSE OF OR RELIANCE ON THE SITE OR SERVICES PROVIDED ON THE SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES PROVIDED ON THE SITE, FROM INABILITY TO USE THE SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE, SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. INDEMNITY

You agree to indemnify and hold us, our subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Transmissions or other content you submit or that are submitted from computers under your control, (b) your connection to our Sites, (c) your violation of this Terms of Use, or (d) your violation of any rights of another party.

9. AVAILABILITY

We reserve the right at any time and from time to time to modify, suspend, discontinue or terminate the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site.

10. TERMINATION

Our permission to you to use this Site terminates automatically if you breach any of these Terms of Use.

11. REVISION OF TERMS OF USE

We reserve the right to revise these Terms of Use by updating this posting without prior notice. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use by which you are bound.

12. GENERAL

You agree that in the event any portion of these Terms of Use are found to be unenforceable, the remainder of these Terms of Use shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law.

Rhode Island law and controlling U.S. federal law govern any action related to the Terms of Use and your use of the Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms of Use. Each of us agree to submit to the personal and exclusive jurisdiction of the courts located within Providence County, Rhode Island, U.S.A.

13. EXPORT CONTROL

You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.

14. CAUTION CONCERNING DATED MATERIAL

The passage of time can render information contained in, or linked to, this Site stale. We are not responsible for any misimpressions which may result from the reading of dated material. Viewers should consider the dates of issuance of all items and information contained in, or linked to, this Site. We do not undertake any duty to update, to supplement, to correct, to comment upon or to modify any information contained in the Site or any web site to which it is linked, if any.

15. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act (17 USC S 512), we are registered with the US Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Designated Agent. The Designated Agent is Gregory R. Lloyd, telephone number +1-401-528-1145. Notification should be mailed to Traction Software Inc, Attn: Copyrights 245 Waterman Street Suite 504, Providence RI 02906 USA or sent via e-mail to grl@tractionsoftware.com.

16. COPYRIGHT & TRADEMARK INFORMATION

This Site and its contents are copyright (c) 2016 Traction Software Inc. The name Traction is a registered trademark and TeamPage and the Traction Software logo are trademarks of Traction Software, Inc.



Related Articles
Article: Doc1625 (permalink)
Date: June 13, 2015; 4:00:43 PM EDT
Author Name: Greg Lloyd
Author ID: grl