ACTIVE PINPOINT - Terms and Conditions

The Developer of ACTIVE Pinpoint (this Site) is ACTIVE Solutions Europe Ltd, whose registered office is at Network House, Basing View, Basingstoke, RG21 4HG, England (the Developer).

Content Rights

This Site is Copyright ©2010 of the Developer. Commercial reproduction, distribution or transmission of any part or parts of the software by any means whatsoever without the prior written permission of the Developer is prohibited.

Your use of this ACTIVE Pinpoint website is subject to the following Terms and Conditions. By using this Site you signify your agreement to the Terms and Conditions. If you do not agree to use these Terms and Conditions, you may not use or access this Site. The Developer reserves the right to change these Terms and Conditions from time to time, therefore please check the Terms and Conditions periodically for changes. Your continued use of the Site will require acceptance of any changes to these Terms and Conditions. All material in whatever form contained in the Site (save for any trade marks owned by third parties) is the property of the Developer. In particular your attention is drawn to the fact that the Developer asserts its copyright ownership over all of the materials and provides no license or other rights to use any of its trademarks appearing on the Site. You are not permitted to copy any of the materials on the Site without first seeking and obtaining the prior written consent of the Developer.

Links to other Websites

The Developer is not responsible for any goods or services advertised by third parties on the Site. The Site may also include hypertext links to third party sites. If there are links from this Site to third party sites not under the control of the Developer, the Developer provides these links for your convenience only and is not responsible for the content of the linked website. The Developer has no control over the content of those sites and does not accept any responsibility or liability in relation to those third party sites, the owners of which do not necessarily have any commercial or other link with the Developer. The Developer provides no license or other rights to use any third party-owned trademarks appearing on the Site. A link from this Site does not imply the Developer’s endorsement of any statements, opinions or content on the linked site.

The Information on this Site

Whilst the Developer tries to ensure the information on this Site is accurate, the Developer is not always able to check the accuracy or completeness of that information and the Developer does not accept any liability arising from any inaccuracy or omissions in the information on this Site. You are advised to verify the accuracy of any information before relying on it.

Third Party Data

By agreeing to these website Terms and Conditions, you are confirming that you are aware of, and agree to be bound by, the appropriate licence and/or contract conditions for the use of your Third Party datasets within this website.

Data Protection

Your privacy is protected in accordance with our Privacy Statement.

Permitted Use of the Site

While visiting this Site you may not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying this Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component. Also you may not use (other than to the extent permitted by applicable law) any software or other material contained or capable of being downloaded from this Site to develop, design, produce, manufacture, sell and/or distribute any product of whatever nature nor will you permit any third party to do any of the above.

You agree to defend, indemnify and hold the Developer and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including legal fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of this Site or the placement or transmission of any message, information, software or other materials on this Site or on the Internet by you or users of your account.

If you are dissatisfied with this Site or with any terms, conditions, rules, policies, guidelines, or practices of the Developer in operating this Site, your sole and exclusive remedy is to discontinue using this Site.

The Developer has no obligation to monitor content in this Site provided by third parties (such as users or contractors). Nevertheless you agree that the Developer does have the right to monitor this Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate this Site, or to protect itself. The Developer reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms and Conditions.

By contributing a file or data to the storage areas you confirm that the file or data is not copyright and is not based upon copyright work. This clause does not apply to files or data based on work copyright of the Developer.

THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THIS SITE AND/OR ITS CONTENTS. THE DEVELOPER DISCLAIMS ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN ADDITION, THE DEVELOPER EXCLUDES ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS SITE WILL BE FREE OF DEFECTS INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS SITE ASSUMES ALL COSTS AND RISKS ARISING AS A RESULT OF ITS USE OF THIS SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE DEVELOPER NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS SITE INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND/OR SUCH LOSS OR DAMAGE WERE REASONABLY FORESEEABLE.

IN NO EVENT WILL THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT APPLY IN RESPECT OF LIABILITY IN NEGLIGENCE FOR DEATH OR PERSONAL INJURY.

This Site is controlled by the Developer. The Developer excludes all representations and warranties that materials in and/or facilities or services offered through this Site comply with any legal or regulatory requirements of other countries and those who choose to access this Site do so at their own risk and on their own initiative and are responsible for compliance with applicable local laws. The Developer makes no representation that materials on this Site are appropriate or available for use in locations outside the United Kingdom , and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

These terms shall be governed by and construed in accordance with English law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the English courts and, by using this Site, you hereby submit to the non-exclusive jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

This Agreement constitutes the entire agreement between the Developer and you pertaining to the subject matter hereof. The Developer’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in the Terms and Conditions were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.