Terms and Conditions

CONTACTENGINE INCORPORATED Website Terms of Use

Last updated: May 18th 2017

1.                Introduction

ContactEngine Inc. (“we”, “us”, “our” or “ContactEngine, Inc.”) provides users access to the website accessible at http://www.contactengine.com (the “Website”).  These terms of use (“Terms of Use”) govern your use of the Website and any other domains and subdomains that link to these Terms of Use.

These Terms of Use apply only to activities on or through the “Website”, and do not apply to the use of our software as a service conversation engine (ContactEngine), nor to activities offline.  If you have been authorized by a client or partner of ours to use ContactEngine, please refer to our End User Access Agreement to determine the basis of your access to ContactEngine.  The most up-to-date version of our End User Access Agreement can be found at http://www.contactengine.com/us/euaa.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with ContactEngine, Inc., and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

2.                Changes to the Website

2.1             We may update our Website from time to time and may change the content at any time.  We may also make improvements and/or changes on the Website at any time without notice.  Please note that content on our Website may be out of date at any given time, and we are under no obligation to update it.  Your continued access to and use of the Website, following the posting of any such changes or modifications, will constitute your acceptance of the Terms of Use as revised.  Such revisions will not apply retroactively and, as it relates to Section 9 below, the revisions will not apply to causes of action arising prior to the effective date of the changes.

2.2             We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

3.                Website access

3.1             While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2             Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

3.3             To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.  You agree that all information you provide to register with this Website or otherwise, including but not limited to, through the use of any interactive features on the Website, is governed by our most up-to-date version of our Privacy Policy (http://www.contactengine.com/us/privacypolicy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3.4             If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

3.5             We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Use.

4.                Use of the Website

4.1             The information and content available on the Website, including text, graphics, logos, photos, images, forms, audio and video are protected by United States copyright laws and international copyright treaties, as well as other laws and conventions related to Intellectual Property.  The compilation of all content on the Website is the exclusive property of ContactEngine or its licensors and is protected under United States laws and international copyright laws.  You acknowledge that, as between the parties, ContactEngine is and will be the exclusive owner of all right, title and interest in the services offered through the Website, including all Intellectual Property rights therein and thereto.  For purposes of this Agreement, “Intellectual Property” means (a) patents, (b) copyrights, moral rights, works of authorship (including copyrights in computer software), and rights in data and databases, (c) trademarks, service marks, Internet domain names, trade dress and trade names, together with all goodwill associated therewith, (d) registrations, applications, renewals and extensions for any of the foregoing in (a)-(c), (e) trade secrets, and (f) rights of privacy and publicity.

4.2             No information, brand name and other contents on the Website may be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of ContactEngine.  Except for the rights of use and other rights expressly granted herein, no other rights are granted to you, nor shall any obligation be implied requiring the grant of further rights.  Any and all patent rights and licenses are expressly excluded.  You are permitted to print and download extracts from the Website for your personal use and to draw the attention of others within your organization to content posted on our Website, on the following basis:

(a)             no documents, text or related graphics on the Website are modified in any way;

(b)             no graphics on the Website are used separately from accompanying text; and

(c)             our copyright and trademark notices and this permission notice appear in all copies.

4.3             If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5.                Links to and from other websites

5.1             Links to third-party Websites on the Website are provided for your information only.  We have not reviewed any of these third-party Websites and do not control and are not responsible for these Websites or their content or availability.  We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.

5.2             You may link to the Website, subject to the following conditions:

(a)             you agree to comply with all applicable laws and regulations;

(b)             you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

(c)             our Website must not be framed on any other website;

(d)             you do not link from a website that is not owned by you;

(e)             your Website does not contain content that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, or slanderous, as determined by us in our sole discretion;

(f)               your Website does not violate any Intellectual Property right or any other proprietary right of ContactEngine or third parties, including copying, modifying, or creating derivative works involving the content of the Website;

(g)             you must not introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

(h)             you must not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and

(i)               you must not otherwise attempt to interfere with the proper working of the Website.

5.3             We expressly reserve the right to revoke the right granted in paragraph 5.2 for breach of these Terms of Use and to take any action we deem appropriate.

6.                Disclaimer

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER CONTACTENGINE, INC., NOR ANY PERSON ASSOCIATED WITH CONTACTENGINE, INC., MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER CONTACTENGINE, INC., NOR ANYONE ASSOCIATED WITH CONTACTENGINE, INC., REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, CONTACTENGINE, INC., HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

SOME STATES IN THE UNITED STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

7.                Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CONTACTENGINE, INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8.                Indemnification

You agree to defend, indemnify, and hold harmless ContactEngine, Inc., its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.  We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9.                Other important terms

9.1             These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware.  Any legal suit, action or proceeding arising out of or related to these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and each party hereby consents to the exclusive jurisdiction of, the federal and state courts located in the City of Wilmington within the State of Delaware.  Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action.  (See 9.6 below).

9.2             You agree to comply with all applicable laws and regulations.  If any part of these Terms of Use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Use will not be affected.  Any supplementary agreement to these Terms of Use must be in writing and accepted by us.  If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of these Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

9.3             If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.

9.4             By registering on the Website, you grant ContactEngine, Inc., permission to contact you from time to time with updates and offerings using the contact information provided through the registration process.  If you wish to withdraw this permission, please email us at the address below.

9.5             We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

9.6             To contact us regarding these Terms of Use or the operation of the Website, please email info@contactengine.com.

Thank you for visiting our Website.