Website Terms of Use

The following terms and conditions (the “Agreement”) govern all use of the action.so website (the “Site”). The Site is owned and operated by Action Intelligence, Inc. (“Action Intelligence”). Access to the Site is offered subject to your (and the entity or company you represent) (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Action Intelligence. BY USING OR ACCESSING ANY PART OF THE SITE, YOU AND THE ENTITY AND COMPANY YOU REPRESENT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SITE.

Action Intelligence reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.

1.Purpose

User has a non-exclusive right to access the Site solely for User’s own personal, informational use (“Purpose”). User will not use the Site for any commercial purpose (except to evaluate a possible business relationship with Action Intelligence).

2.Site Content

User agrees that all content and materials delivered via the Site or otherwise made available by Action Intelligence at the Site (collectively, “Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Action Intelligence in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content on the Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Action Intelligence.

Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.

3.Restrictions

User shall not submit any information to the Site that is false, misleading or inaccurate.

User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Action Intelligence reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Action Intelligence server, by hacking, password “mining”, or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Action Intelligence, including any Action Intelligence account not owned by User, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Site.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Action Intelligence’s systems or networks, or any systems or networks connected to the Site or to Action Intelligence.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Action Intelligence on or through the Site. User shall not, in connection with the Site, pretend (e.g. through impersonation) that User is any other individual or entity.

User shall not use the Site for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Action Intelligence or others.

4.Injunctive Relief

In the event of a breach or threatened breach of Sections 1, 2, or 3, User acknowledges and agrees that Action Intelligence is entitled to immediate injunctive or other equitable relief (without a showing of damages or the posting of a bond).

5.Indemnification

User is responsible for all of its activity in connection with the Site. User shall defend, indemnify, and hold harmless Action Intelligence and each of its employees, contractors, directors, suppliers and representatives from all liabilities, damages, losses, settlements, claims, actions, demands, costs and expenses, including attorneys’ fees, that arise from or in connection with User’s (i) use or misuse of the Site, or (ii) violation of this Agreement.

6.Warranty Disclaimer

THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO USER INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

7.Limitation on Liability

IN NO EVENT SHALL ACTION INTELLIGENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE (OR ANY CONTENT OR INFORMATION AVAILABLE ON THE SITE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8.Termination

Action Intelligence may terminate User’s access to all or any part of the Site at any time, with or without cause, effective upon notice thereof to User or blocking User from accessing the Site. All provisions which by their nature should survive termination (including, without limitation, the second paragraph of Section 1 and all use restrictions herein) shall survive termination.

9.Electronic Communications

When User visits the Site or sends e-mails to Action Intelligence, User is communicating with Action Intelligence electronically. User hereby consents to receive communications from us electronically. User agrees that all agreements, notices, disclosures and other communications that Action Intelligence provides to User electronically satisfy any legal requirement that such communications be in writing.

10.Notices

All notices to User may be provided by Action Intelligence via email to the email address provided by User (or, if none is provided, the email address or other means otherwise identified by Action Intelligence). All notices to Action Intelligence must be sent by User via email to support@actionintelligence.com.

11.General

The failure of Action Intelligence to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Action Intelligence shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Action Intelligence’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Action Intelligence’s prior written consent. Action Intelligence may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to any conflict of law provision, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in Santa Clara, California. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. Action Intelligence may update this Agreement at any time as described above. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Action Intelligence in any respect whatsoever. The prevailing party in any action or proceeding to enforce this Agreement will be entitled to collect all associated costs and attorneys’ fees.