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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 ©2010-2017 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.