TABLE OF CONTENTS
These
Terms of Service
constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and
Pipeline Tracker, Inc
, doing business as
Pipeline.io
("
Pipeline.io
", “
we
”, “
us
”, or “
our
”), concerning your access to and use of the
https://pipeline.io
website as well as any other media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
We are registered in
California
,
United States
and have our registered office at
2193 Fillmore Street
,
4th floor
,
San Francisco
,
CA
94115
.
You agree that by accessing the Site, you have read, understood, and agree
to be bound by all of these
Terms of Service
. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF SERVICE
, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make
changes or modifications to these
Terms of Service
at any time and for any reason
. We will alert you about any changes by updating the “Last updated”
date of these
Terms of Service
, and you waive any right to receive specific notice of each such
change. Please ensure that you check the applicable Terms every time
you use our Site so that you understand which Terms apply. You will be
subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised
Terms of Service
by your continued use of the Site after the date such revised
Terms of Service
are posted.
The information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site.
You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or
register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained
therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in these
Terms of Service
, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, the Content and
the Marks.
By using the Site, you represent and warrant that:
(
1)
all registration information you submit will be true, accurate,
current, and complete; (
2
) you will maintain the accuracy of such information and promptly
update such registration information
as necessary;
(
3
) you have the legal capacity and you agree to comply with these
Terms of Service
;
(
4
) you are not a minor in the jurisdiction in which you reside
;
(
5
) you will not access the Site through automated or non-human means,
whether through a bot, script or otherwise;
(
6
) you will not use the Site for any illegal or unauthorized purpose; and
(
7
) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion
thereof).
You may be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use
of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You may be required to purchase or pay a fee to access some of our
services. You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the
Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions and
contact you as needed. We bill you through an online billing account
for purchases made via the Site. Sales tax will be added to the
price of purchases as deemed required by us. We may change prices at
any time. All payments shall be in
U.S. dollars
.
You agree to pay all charges or fees at the prices then in effect
for your purchases, and you authorize us to charge your chosen
payment provider for any such amounts upon making your purchase.
If
your purchase is subject to recurring charges, then you
consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring
charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment. We also
reserve the right to refuse any order placed through the Site.
We offer a
14
-day free trial to new users who register with the Site.
The account will not be charged and the subscription will be
suspended until upgraded to a paid version
at the end of the free trial.
All purchases are non-refundable.
You can cancel your subscription at any time
by logging
into your account
. Your cancellation will take effect at the end of the current paid
term.
If you are unsatisfied with our services, please email us at
team@pipeline.io
.
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
-
Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us.
-
Trick, defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such as
user passwords.
-
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features
that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the
Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
-
Use any information obtained from the Site in order to
harass, abuse, or harm another person.
-
Make improper use of our support services or submit false
reports of abuse or misconduct.
-
Use the Site in a manner inconsistent with any applicable
laws or regulations.
-
Engage in unauthorized framing of or linking to the Site.
-
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the
Site.
-
Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction
tools.
-
Delete the copyright or other proprietary rights notice from
any Content.
-
Attempt to impersonate another user or person or use the
username of another user.
-
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
-
Interfere with, disrupt, or create an undue burden on the
Site or the networks or services connected to the Site.
-
Harass, annoy, intimidate, or threaten any of our employees
or agents engaged in providing any portion of the Site to
you.
-
Attempt to bypass any measures of the Site designed to
prevent or restrict access to the Site, or any portion of
the Site.
-
Copy or adapt the Site’s software, including but not limited
to Flash, PHP, HTML, JavaScript, or other code.
-
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
-
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute
any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader
that accesses the Site, or using or launching any
unauthorized script or other software.
-
Use a buying agent or purchasing agent to make purchases on
the Site.
-
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
-
Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
-
Sell or otherwise transfer your profile.
-
Use the Site to advertise or offer to sell goods and services.
9. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and
through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby
represent and warrant that:
-
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights
of any third party.
-
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use
and to authorize us, the Site, and other users of the Site
to use your Contributions in any manner contemplated by the
Site and these
Terms of Service
.
-
You have the written consent, release, and/or permission of
each and every identifiable individual person in your
Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the
Site and these
Terms of Service
.
-
Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
-
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
-
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
-
Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
-
Your Contributions do not violate any applicable law,
regulation, or rule.
-
Your Contributions do not violate the privacy or publicity
rights of any third party.
-
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
-
Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual
preference, or physical handicap.
-
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these
Terms of Service
, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these
Terms of Service
and may result in, among other things, termination or suspension
of your rights to use the Site.
By posting your Contributions to any part of the Site
, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions,
and grant and authorize sublicenses of the foregoing. The use
and distribution may occur in any media formats and through any
media channels.
This license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate
locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.
12. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or
items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through
the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and
access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should
be aware these
Terms of Service
no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any
losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
13. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition
Regulation (“FAR”) 2.101. If our services are acquired by or on behalf
of any agency not within the Department of Defense (“DOD”), our
services are subject to the terms of these
Terms of Service
in accordance with FAR 12.212 (for computer software) and FAR 12.211
(for technical data). If our services are acquired by or on behalf of
any agency within the Department of Defense, our services are subject
to the terms of these
Terms of Service
in accordance with Defense Federal Acquisition Regulation (“DFARS”)
227.7202-
3. In addition, DFARS 252.227-
7015 applies to technical data acquired by the DOD. This U.S.
Government Rights clause is in lieu of, and supersedes, any other FAR,
DFARS, or other clause or provision that addresses government rights
in computer software or technical data under these
Terms of Service
.
We reserve the right, but not the obligation, to: (1) monitor the Site
for violations of these
Terms of Service
; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these
Terms of Service
, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper functioning
of the Site.
We care about data privacy and security. Please review our Privacy
Policy:
https://app.termly.io/policy-viewer/policy.html?policyuuid=bbcf0235-ccca-4888-927c-c472b2127691
. By using the Site, you agree to be bound by our Privacy Policy,
which is incorporated into these
Terms of Service
. Please be advised the Site is hosted in
the
United States
. If you access the Site from any other region of the world with
laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in
the
United States
, then through your continued use of the Site,
you are transferring your data to
the
United States
, and you agree to have your data transferred to and processed in
the
United States
.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Site
infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below
(a “Notification”). A copy of your Notification will be sent to
the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law
you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Site infringes your
copyright, you should consider first contacting an attorney.
These
Terms of Service
shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE
TERMS OF SERVICE
, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE
TERMS OF SERVICE
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the
Site. Nothing in these
Terms of Service
will be construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.
These
Terms of Service
and your use of the Site are governed by and construed in accordance
with the laws of
the State
of
California
applicable to agreements made and to be entirely performed within
the State of
California
, without regard to its conflict of law principles.
To expedite r
esolution and control the cost of any dispute, controversy, or
claim related to these
Terms of Service
(each "Dispute" and collectively, the “Disputes”) brought by
either you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below)
informally for at least
sixty (60)
days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
If
the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website
www.adr.org
. Your arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission
of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons
unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in
San Francisco
,
California
. Except as otherwise provided herein, the Parties may litigate in court
to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If
for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the
state and federal courts
located in
San Francisco
,
California
, and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue
and jurisdiction in such
state and federal courts
. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these
Terms of Service
.
In
no event shall any Dispute brought by either Party related in any way
to the Site be commenced more than
one (1)
years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations and binding arbitration: (a)
any Disputes seeking to enforce or protect, or concerning the validity of,
any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
21. CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Site at any time, without prior notice.
22. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID,
IF ANY, BY YOU TO US
DURING THE
SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these
Terms of Service
; (4) any breach of your representations and warranties set forth in these
Terms of Service
; (5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act
toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
25. USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data relating
to your use of the Site. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that
we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any
such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SITE. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These
Terms of Service
and any policies or operating rules posted by us on the Site or in respect
to the Site constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these
Terms of Service
shall not operate as a waiver of such right or provision. These
Terms of Service
operate to the fullest extent permissible by law. We may assign any or all
of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or
part of a provision of these
Terms of Service
is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these
Terms of Service
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these
Terms of Service
or use of the Site. You agree that these
Terms of Service
will not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the electronic
form of these
Terms of Service
and the lack of signing by the parties hereto to execute these
Terms of Service
.
29. CONTACT US
In o
rder to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Pipeline Tracker, Inc
2193 Fillmore Street
4th floor
San Francisco
,
CA
94115
United States
team@pipeline.io
