ACTION ENGINE CORPORATION
TERMS AND SERVICES
Last Updated: June 30th, 2005
We will provide the Action Info Service and related software (“Software”) to you subject to the terms of this Service Agreement. By using the Service or Software, you agree to be bound by this Agreement and use the Service and Software in compliance with this Agreement.
The terms "you," "your," and "yours" refer to you, the customer using the Service. The terms "Action Engine," "we," "us," and "our" refer to Action Engine Corporation. We may periodically make changes to this Service Agreement. It is your responsibility to review the most recent version of our Service Agreement frequently and remain informed about any changes to it.
Account Registration
You must register for and maintain an account with us to use the Service. When registering, you must provide accurate and complete information about yourself and promptly update this information. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.
Only you are authorized to use your account to use the Service and conduct other activities with us. You are responsible for all activities that occur through your account, including all charges incurred. To protect your account from unauthorized use, keep your user identification and password secure and do not provide this information to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security.
The Service and Software is not intended for or directed to persons under the age of 13. If you register for an account with us, you represent to us that you are 13 years of age or older.
Fees and Payment
You may be required to pay a subscription fee (e.g., a monthly or annual fee) to use the Service for a specified period, which period begins on the day that you activate your Service subscription. We will also charge you for any taxes that apply to your purchase of a Service subscription. Subscription fees and taxes are payable in advance and are not refundable in whole or in part except as expressly specified in this Agreement.
To pay subscription fees and taxes, you must provide us or our billing agent with accurate and complete billing information, such as legal name, address, phone number, and credit card or other method of payment. You must be authorized to use the credit card or other method of payment that you identify.
We may suspend or terminate your account if you fail to pay any fees. We may charge collection fees, late fees, or similar fees if you fail to pay fees on time. We may also require you to pay an additional fee to reinstate a suspended account.
We reserve the right to change our fees or billing methods at any time by providing you notice of any change at least 30 days in advance. If any change is unacceptable to you, you may terminate your account by responding to our notice within 30 days of receipt.
If you have questions about charges to an account, you should contact us by sending an email to actioninfosupport@actionengine.com. All charges are considered valid unless you dispute the charge in writing within 60 days of the billing date. We will not make adjustments for charges that are more than 60 days old.
Termination
You have the right to terminate your account or a particular subscription at any time. Termination of your account or a particular subscription is your sole right and remedy with respect to any dispute with us regarding the Service, the Software, or this Agreement. If you terminate your Service subscription, we will not refund any part of your subscription fee.
We may terminate your account or a particular subscription at any time for any reason by providing you with notice in any reasonable manner, including via email and via notices posted on the Service. If we terminate your account or subscription and you are not at fault, you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance.
Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.
Access to the Service; Modifications to the Service
We do not provide you with the equipment to access the Service or use the Software. You are responsible for all fees charged by third parties to access the Service (e.g., data charges by wireless carriers).
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service.
Restrictions
You must comply with all applicable laws, including U.S. export control laws, when using the Service and Software. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available through the Service or Software (“Service Content”) or compile or collect any Service Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Service Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service, Software, or Service Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service or Software; (f) use the Service or Software in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service, Software, or Service Content.
License to Software
Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use one copy of the Software to create one account on a single device solely to access the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement and the duration of any free trial program that you have registered for or of any paid subscription that you have purchased.
If you use the Software as part of our trial program and decide not to purchase a Service subscription, you must remove the Software from your device. If you delete the Software from your device, you may incur a charge to download a replacement copy of the Software to your device.
Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Privacy Policy
We may collect registration and other information about you through the Service and Software. Our collection and use of this information is governed by the Privacy Policy available at www.actionengine.com/actioninfo.
Links
The Service and Software may contain links to third party products, services, and websites. We exercise no control over these products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through these products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through these products, services, and websites.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE CONTENT IS AT YOUR SOLE RISK. SERVICE, SOFTWARE, AND SERVICE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACTION ENGINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE CONTENT, AND YOU RELY ON THE SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTION ENGINE OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
ACTION ENGINE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACTION ENGINE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL ACTION ENGINE'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACTION ENGINE FOR THE SERVICE DURING THE PREVIOUS SIX MONTHS.
Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with a description of the copyrighted work or other intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Service, your address, telephone number, and email address, and a statement by you that this information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Please report this information by email to actioninfo@actionengine.com.
Indemnity
You will indemnify and hold Action Engine, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, Software, or Service Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service, Software, or Service Content.
Updates to this Service Agreement
We may occasionally update this Service Agreement. When we do, we will revise the “last updated” date on the Service Agreement. Y ou should check this Service Agreement frequently to see recent changes. By continuing to use your account, the Service, or Software, you consent to any updates to this Service Agreement. This version of the Service Agreement supersedes all earlier versions.
Legal Notices
This Service Agreement is governed by the laws of the State of Washington, excluding conflicts of law principles. Any legal actions against us must be commenced in the State of Washington within one year after the claim arose.
Contacting Action Engine
If you have any questions or concerns about this Service Agreement or the Service or Software, please send us a thorough description by email to actioninfo@actionengine.com.
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