Terms
Of Use
Last revised: February 15, 2017
SharePTSS.co is
owned and operated by Aeron Technologies LLC (“SharePTS™,” “SharePTS,” “we,” or
“us”). SharePTS™ provides a powerful new way to discover and share content,
ideas, jobs, products, services and messages about stuff that matters to you.
Among other things, SharePTS™ allows company Users to create referral and
retention programs in which the User’s build a team of associates to make
referrals and receive rewards.
These terms of use (this “Agreement”) govern your access to and use of our
mobile services, web site, and any software and/or platform provided on or in
connection with the SharePTS™ service (collectively, our “Service”), so
please read the Agreement carefully before using the Service.
By accessing, using, and/or taking part in the
Service, you agree to be bound by this Agreement and by our Privacy Policy, whether or not you are a registered user of
our Service. This Agreement applies to all visitors, users, and others who
access the Service (“Users”).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION
OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL
BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO
LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
There shall be no cost to individual Users seeking to connect with companies.
Services may be purchased on a monthly, annual or contract basis determined at the time of purchase. All purchases shall be subject to the terms of Users’ purchase plus a bandwidth fee as set forth at the time of purchase in the License and Bandwidth Agreement.
1.
Usage and Monthly Fees.Usage and monthly will be billed as specified in your purchase
invoice. Except as provided below, monthly Services and certain other charges
are billed one month in advance and there is no proration of such charges if
Service is terminated on other than the last day of your billing cycle. You
agree to pay for all services used with SharePTS Service.
BANDWIDTH
USAGE CHARGES. DATA TRANSPORT OR USAGE IS BILLED AT A
MONTHLY RATE OF $4.95 PER GIGABYTE (“GB”) AFTER THE FIRST 20 GBs. DATA
TRANSPORT OR USAGE IS CALCULATED IN FULL GB INCREMENTS, AND ACTUAL TRANSPORT OR
USAGE IS ROUNDED UP TO THE NEXT FULL GB INCREMENT AT THE END OF EACH DATA
SESSION FOR BILLING PURPOSES. WE CALCULATE A FULL KILOBYTE (“KB”) OF DATA
TRANSPORT/USAGE FOR EVERY FRACTION OF THE LAST KB OF DATA TRANSPORT/USAGE USED
ON EACH DATA SESSION. TRANSPORT OR USAGE IS BILLED BY THE GB. FOR BILLING
PURPOSES, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING
PERIOD ARE TOTALED AND ROUNDED UP TO NEXT FULL
MEGABYTE (“MB”)
INCREMENT. THE MBs ARE THEN TOTALED AND ROUNDED UP TO THE NEXT FULL GB TO
DETERMINE BILLING.
NETWORK OVERHEAD,
SOFTWARE UPDATE REQUESTS, EMAIL NOTIFICATIONS, AND RESEND REQUESTS CAUSED BY
NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. DATA TRANSPORT/USAGE OCCURS
WHENEVER YOUR ACCOUNT ON THE PLATFORM IS CONNECTED TO A NETWORK AND IS ENGAGED
IN ANY DATA TRANSMISSION, BELOW
Any unused allotment of the 20 Gigabytes provided with
the SharePTS™ Service from one billing cycle will not carry over to any other
billing cycle. We will bill you in a format as set for the in the License and
Bandwidth Agreement. Additional charges may apply for paper copies of your
bill, late payment or returned checks, for detailed information about your
usage of Services, etc.
2.
Delayed Billing: Billing of usage for messages, data or other Services
may occasionally be delayed. Such usage charges may appear in a later billing
cycle and may result in additional charges for that month. You also remain
responsible for paying your monthly Service fee if your Service is suspended
for nonpayment. We may require payment by money order, cashier's check, or a
similarly secure form of payment at our discretion.
1.
Your content: SharePTS may now or in the future allow you to post
content on the Service, including comments, photos, videos, and other
materials. Any content a User submits, posts, displays, or otherwise makes
available on the Service, including all Intellectual Property Rights (defined
below) therein, is referred to as “User Content.” You retain ownership of your
User Content.
2.
How SharePTS and other Users can use
your content: After posting your User Content
on, through or in connection with the SharePTS services, you continue to retain
any such rights that you may have in your User Content, subject to the limited
license granted herein. By posting any User Content on, through or in
connection with the SharePTS services, you hereby grant to SharePTS a limited
license to use, modify, delete from, add to, combine with other content,
publicly display, reproduce, transmit, distribute, sell and otherwise exploit
such User Content by all means and manners now or later known, including,
without limitation, on, through or in connection with the SharePTS services to
third party applications; widgets; websites; or mobile, desktop or other
services which are linked with your Account at your election (collectively,
"Linked Services"), including, without limitation, distributing part
or all of the SharePTS services and any User Content included therein, in any
media formats and through any media channels. User Content submitted by Users
and authorized by the User to be distributed on Linked Services need not be
maintained on the SharePTS services by us for any period of time, and Users
will not have the right, once submitted, to access, archive, maintain or
otherwise use such User Content on the SharePTS services or elsewhere. The
license you grant is perpetual. Please be aware that any distribution of your
User Content that may have occurred by you or other Users via Linked Services,
or otherwise (e.g., posted on third party User's Profiles, sent by you to other
Users, contributed to a mashup of User Content from multiple Users, etc.) may
continue to be displayed, distributed and used. Further, deleted User Content
may persist in archival copies on SharePTS servers for a reasonable period of
time. You understand and agree that once User Content is distributed to a
Linked Service, or incorporated into other aspects of the SharePTS services, SharePTS
is under no obligation to delete or ask other Users or a Linked Service to
delete that User Content; therefore, it may continue to appear and be used
indefinitely.
3.
Non-Exclusive License. The license you grant to SharePTS is non-exclusive (meaning you
are free to license your User Content to anyone else in addition to SharePTS),
fully-paid and royalty-free (meaning that SharePTS is not required to pay you
or anyone else deriving rights from you for the use by SharePTS of the User
Content that you post), sublicensable (so that SharePTS is able to use its
affiliates, subcontractors and other partners such as Internet content delivery
networks and wireless carriers to provide the SharePTS services and, subject to
good faith efforts to honor your Profile Settings, to third party search
engines). You also hereby grant to SharePTS, and agree to grant to SharePTS,
the unconditional, perpetual, irrevocable, sublicensable, fully-paid and
royalty free right to use, share and exploit your name, logo, persona, and
likeness, and your Profile information and information about your activities on
the SharePTS Services (including, without limitation, your activities in
connection with our sponsors and advertisers), without any obligation or
remuneration to you. However, from time to time we may offer you choices
regarding how information about you is shared and we will make good faith
efforts to honor your elections. Except as prohibited by law, you hereby waive,
and you agree to waive, any moral rights that you may have in any User Content.
To the extent not waivable, you irrevocably agree not to exercise such rights
(if any) in a manner that interferes with any exercise of the rights granted
hereunder. You understand that you will not receive any fees, sums,
consideration, or remuneration for any of the rights granted in this Section.
4.
Definition of Intellectual Property
Rights: For the purposes of this
Agreement, “Intellectual Property Rights” means all patent rights, copyright
rights, moral rights, rights of publicity, trademark, trade dress and service
mark rights, goodwill, trade secret rights and other intellectual property
rights as may now exist or hereafter come into existence, and all applications
therefore and registrations, renewals and extensions thereof, under the laws of
any state, country, territory or other jurisdiction.
5.
Your responsibilities:
1.
SharePTS Acceptable Use Policy: To keep SharePTS running smoothly for all of our Users,
you agree that you will use the Service only in a manner consistent with the SharePTS’s
Terms of Use.
2.
Valuing other’s rights: Because we respect the rights of others, you agree that
any User Content that you post does not and will not violate any law or
infringe any rights of any third party, including without limitation any
Intellectual Property Rights, publicity rights or rights of privacy. We reserve
the right, but are not obligated, to reject and/or remove any User Content that
we believe, in our sole discretion, violates the Agreement.
6.
How you interact with others on SharePTS: SharePTS takes no responsibility and assumes no liability
for any User Content that you or any other User or third party posts or sends
over the Service. You are solely responsible for your User Content and the
consequences of posting or publishing it, and you agree that we are only acting
as a passive conduit for your online distribution and publication of your User
Content. You understand and agree that you may be exposed to User Content that
is inaccurate, objectionable, inappropriate for children, or otherwise unsuited
to your purpose, and you agree that SharePTS shall not be liable for any damages
you allege to incur as a result of User Content.
1.
Our license to you: Subject to the terms and conditions of this Agreement, SharePTS
provides you with a license to use the Service for your personal, noncommercial
use only and as expressly permitted by the features of the Service. SharePTSmay
terminate this license at any time for any reason or no reason.
2.
SharePTS Content: Except for User Content, all materials on the Service and
the Service itself and all Intellectual Property Rights contained therein or
related thereto, are the property of SharePTSand/or its licensors (together
"SharePTS Content"). Except as expressly provided in this
Agreement, you may not sell, license, modify, copy, or otherwise exploit the SharePTS Content
without our permission.
3.
SharePTS Code: Any code that SharePTS creates to generate or display
any SharePTS Content or pages making up any SharePTS site is also protected by SharePTS’s
copyright and you may not copy or adapt such code.
4.
How to Use
SharePTS Content:SharePTS may provide you with content for your
profile, SharePTS account, emails, social media, referral, recruitment and
retention programs. Such content is in draft form and may be edited. You are
solely responsible for reviewing such content and determining if it is accurate
and appropriate for usage with the SharePTS Service.
5.
Feedback you provide: We love hearing from our Users, and are always interested
in learning of ways we can make SharePTS better. You may choose to or we
may invite you to submit comments, ideas or feedback about the Service,
including without limitation about how to improve the Service or our products
(“Feedback”). By submitting any Feedback, you agree that your disclosure is
gratuitous, unsolicited and without restriction and will not place SharePTSunder
any fiduciary or other obligation, and that we are free to use the Feedback
without any additional compensation to you, and/or to disclose the Feedback on
a non-confidential basis or otherwise to anyone. You further acknowledge that,
by acceptance of your submission, SharePTS does not waive any rights to
use similar or related Feedback previously known to SharePTS, or developed by
its employees, or obtained from sources other than you.
6.
SharePTS Age Restriction: Because we respect the rights of children and parents, you
may use the SharePTS Service only if you can form a binding contract with SharePTS,
and only in compliance with this Agreement and all applicable local, state,
national, and international laws, rules and regulations. Any use or access to
the Service by anyone under the age of 13 is strictly prohibited and in
violation of this Agreement. Because we respect the SharePTS community,
the Service is not available to any Users previously removed from the Service
by SharePTS.
7.
SharePTS accounts. SharePTS may now or in the future allow Users to create
accounts. SharePTS accounts will give you access to the SharePTS services and
functionality that we may establish and maintain from time to time and in our
sole discretion. We may maintain different types of accounts for different
types of Users. If you open an SharePTS account on behalf of a company,
organization, or other entity, then (a) “you” includes you and that entity, and
(b) you represent and warrant that you are an authorized representative of the
entity with the authority to bind the entity to this Agreement, and that you
agree to this Agreement on the entity’s behalf. By connecting to SharePTS with
a third-party service like Facebook, you give us permission to access and use
your information from that service as permitted by that service, and to store
your log-in credentials for that service. For more information on the types of
information we collect from these third-party services, please read our Privacy Policy. We reserve the right to reclaim usernames on behalf of
businesses or individuals that hold legal claim or trademark on those
usernames.
8.
Your responsibility for your account: You are solely responsible for the activity that occurs on
your account, and you must keep your account password secure. We encourage you
to use “strong” passwords (passwords that use a combination of upper and lower
case letters, numbers and symbols) with your account. You must notify SharePTS
immediately of any breach of security or unauthorized use of your account. SharePTS
will not be liable for any losses caused by any unauthorized use of your
account. When creating your account, you must provide accurate and complete
information.
9.
How to control your account: You may control your User profile and how you interact
with the Service by changing the settings on your profile page. By providing SharePTS
your email address you consent to our using the email address to send you
Service-related notices, including any notices required by law, in lieu of
communication by postal mail. We may also use your email address to send you
other messages, such as changes to features of the Service and special offers.
If you do not want to receive such email messages, you will be given the option
to opt out or change your preferences. Opting out may prevent you from
receiving email messages regarding updates, improvements, or offers. For more
information, please read our Privacy Policy.
10.
Changes to the Service: SharePTS is constantly innovating and finding ways to
provide our Users with new and innovative features and services. Therefore, we
may, without prior notice, change the Service, add features, stop providing the
Service or features of the Service, to you or to users generally; or create
usage limits for the Service. We may permanently or temporarily terminate or
suspend your access to the Service without notice and liability for any reason,
including if in our sole determination you violate any provision of this
Agreement, or for no reason. Upon termination of your use of the Service, you
continue to be bound by this Agreement.
11. Your interactions with other Users: We think our Users are great. But keep in mind that you
are solely responsible for your interactions with other Users. We reserve the right,
but have no obligation, to monitor disputes between you and other Users. SharePTS
will have no liability for your interactions with other Users, or for any
User’s action or inaction. Please be good to one another.
12. SharePTS Users Will Not. SharePTS User
agree not to do the following:
1.
transmit, post, distribute, store or
destroy material, including without limitation SharePTS Content, in violation
of any applicable law or regulation, including but not limited to laws or
regulations governing the collection, processing, or transfer of personal
information, or in breach of SharePTS’s privacy policy;
2.
take any action that imposes an
unreasonable or disproportionately large load on any SharePTS Site's
infrastructure;
3.
use any device to navigate or search
any SharePTS Site other than the tools available on the Site, generally
available third party web browsers, or other tools approved by SharePTS;
4.
use any data mining, robots or
similar data gathering or extraction methods;
5.
violate or attempt to violate the
security of any SharePTS Site including attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization;
6.
forge any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup posting;
7.
reverse engineer or decompile any
parts of any SharePTS Site;
8.
aggregate, copy or duplicate in any
manner any of the SharePTS Content or information available from any SharePTS
Site, including expired job postings, other than as permitted by these Terms;
9.
frame or link to any SharePTS Content
or information available from any SharePTS Site, unless permitted by these
Terms;
10. post any content or material that promotes or endorses false or
misleading information or illegal activities, or endorses or provides
instructional information about illegal activities or other activities
prohibited by these Terms, such as making or buying illegal weapons, violating
someone's privacy, providing or creating computer viruses or pirating media;
11. post any resume or Profile or apply for any job on behalf of
another party;
12. defer any contact from an employer to any agent, agency, or
other third party;
13. set more than one copy of the same resume to public at any one
time;
14. share with a third party any login credentials to any SharePTS
Site;
15. access data not intended for You or logging into a server or
account which You are not authorized to access;
16. post or submit to any SharePTS Site any incomplete, false or
inaccurate biographical information or information which is not Your own;
17. post content that contains restricted or password-only access
pages, or hidden pages or images;
18. solicit passwords or personally identifiable information from
other Users;
19. delete or alter any material posted by any other person or
entity;
20. harass, incite harassment or advocate harassment of any group,
company, or individual;
21. send unsolicited mail or email, make unsolicited phone calls or
send unsolicited faxes promoting and/or advertising products or services to any
User, or contact any users that have specifically requested not to be contacted
by You;
22. attempt to interfere with service to any User, host or network,
including, without limitation, via means of submitting a virus to any SharePTS
Site, overloading, "flooding", "spamming",
"mailbombing" or "crashing";
23. promote or endorse an illegal or unauthorized copy of another
person's copyrighted work, such by as providing or making available pirated
computer programs or links to them, providing or making available information
to circumvent manufacture-installed copy-protect devices, or providing or
making available pirated music or other media or links to pirated music or
other media files; or
24. use the SharePTS Services for any unlawful purpose or any
illegal activity, or post or submit any content, resume, or job posting that is
defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene,
threatening, abusive, hateful, racist, discriminatory, of a menacing character
or likely to cause annoyance, inconvenience, embarrassment, anxiety or could
cause harassment to any person or include any links to pornographic, indecent
or sexually explicit material of any kind, as determined by SharePTS’s
discretion.
13. Use of Our Service. Violations
of system or network security may result in civil and/or criminal liability. SharePTS
will investigate occurrences which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting Users who are
involved in such violations.
1.
Companies and employers are solely
responsible for their postings on SharePTS Sites. SharePTS is not to be
considered to be an employer with respect to Your use of any SharePTS Site and SharePTS
shall not be responsible for any employment decisions, for whatever reason,
made by any entity posting jobs on any SharePTS Site or for any corporate
product decisions.
2.
Company users understand and
acknowledge that if you cancel your company account or your company account is
terminated, all your account information may be deleted from SharePTS,
including saved resumes, network contacts, email mailing lists, product
comments, etc.
3.
In order to protect our SharePTS
Users from commercial advertising or solicitation, SharePTS reserves the right
to restrict the number of e-mails which a company / employer User may send to a
number which SharePTS deems appropriate in its sole discretion. You shall use
the SharePTS in accordance with all applicable privacy and data protection
laws.
4.
Job postings. A job or product or
company service posting may not contain:
5. Limitations on Job, Product and
Service Postings and Use of SharePTS. You may not
use Your SharePTSjob, product
and/or service posting, networking, or profiles to:
6. Reservation of Rights; Termination
In order to ensure a safe and effective experience for all
of our customers, SharePTS reserves the right to limit the amount of
data (including resume views) that may be accessed by you in any given time
period. These limits may be amended in SharePTS’s sole discretion from
time to time.
1.
When you register with any SharePTS
Site, You will be asked to create an account and provide SharePTS with certain
information including, without limitation, a valid email address
("Information").
2.
Any profile you submit must be
accurate and describe you, an individual person. The profile requires standard
fields to be completed and you may not include in these fields any telephone
numbers, street addresses, email addresses or other means of contacting you,
other than your last name and URLs.
3.
You acknowledge and agree that you
are solely responsible for the form, content and accuracy of any material
placed by you on the SharePTS Sites.
4.
SharePTS reserves the right to offer
third party services and products to you based on the preferences that you
identify in your registration and at any time thereafter or you have agreed to
receive, such offers may be made by SharePTS or by third parties. Please see SharePTS's Privacy Policy, for further details regarding your Information.
5.
You understand and acknowledge that
you have no ownership rights in your account and that if you cancel your SharePTS
account or your SharePTS account is terminated, all your account information
from SharePTS may be deleted from SharePTS's databases and from any public area
of the SharePTS Sites. Information may continue to be available for some period
of time because of delays in propagating such deletion through SharePTS’s web
servers. In addition, third parties may retain saved copies of your
Information.
6.
SharePTS reserves the right to delete
your account and all of your Information after a significant duration of
inactivity.
7.
SharePTS reserves the right to
continue to use any information contacts and data collected in our databases.
1.
Collection of Information. We care about the privacy of our Users. You understand that by
using the Service you consent to the collection, use and disclosure of your
Personal Information and aggregate data as set forth in our Privacy Policy, and to have your Personal Information collected, used,
transferred to and processed in the United States.
2. Security. SharePTS cannot guarantee that
unauthorized third parties will never be able to defeat our security measures.
You acknowledge that you provide your information at your own risk.
1.
Third-Parties and Links. SharePTS Services may contain links to third-party
websites, advertisers, services, special offers, or other events or activities
that are not owned or controlled by SharePTS.
2. Your Responsibility. SharePTS does
not endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access a third party
website from the Service, you do so at your own risk and you expressly relieve SharePTS
from any and all liability arising from your use of any third-party website,
service, or content.
1.
SharePTS’s DMCA policy and
procedures: Since we respect artist and
content owner rights, it is SharePTS’s policy to respond to alleged
infringement notices that fully comply with the Digital Millennium Copyright
Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied
in a way that constitutes copyright infringement and is accessible via the
Service, please notify SharePTS’s copyright agent as set forth in the DMCA. For
your complaint to be valid under the DMCA, you must provide the following
information in writing:
1.
An electronic or physical signature
of a person authorized to act on behalf of the copyright owner;
2.
Identification of the copyrighted
work that you claim has been infringed;
3.
Identification of the material that
is claimed to be infringing and where it is located on the Service;
4.
Information reasonably sufficient to
permit SharePTS to contact you, such as your address, telephone number, and,
e-mail address;
5.
A statement that you have a good
faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or law; and
6.
A statement, made under penalty of
perjury, that the above information is accurate, and that you are the copyright
owner or are authorized to act on behalf of the owner.
2.
The above information must be submitted
to the following DMCA Agent:
|
Attn: |
DMCA Notice |
|
AERON TECHNOLOGIES INC. |
|
|
Address: |
176 Amity, Rd #133 Woodbridge, CT 06525 |
|
Email: |
3.
UNDER FEDERAL LAW, IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT
COSTS, AND ATTORNEYS’ FEES.
4.
Please note that this procedure is
exclusively for notifying SharePTS and its affiliates that your copyrighted
material has been infringed. The preceding requirements are intended to comply
with SharePTS’s rights and obligations under the DMCA, including 17 U.S.C.
§512(c), but do not constitute legal advice. It may be advisable to contact an
attorney regarding your rights and obligations under the DMCA and other
applicable laws.
5.
In accordance with the DMCA and other
applicable law, SharePTS has adopted a policy of terminating, in appropriate
circumstances, the accounts of Users who are deemed to be repeat infringers. SharePTS
may also at its sole discretion limit access to the Service and/or terminate
the accounts of any Users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement.
1.
We make available software to access
the Service via a mobile device (“Mobile Software”). To use the Mobile Software
you must have a mobile device that is compatible with the Mobile Service. SharePTS
does not warrant that the Mobile Software will be compatible with your mobile
device. SharePTS hereby grants you a non-exclusive, non-transferable, revocable
license to use a compiled code copy of the Mobile Software for one SharePTS
account on one mobile device owned or leased solely by you, for your personal
use. You may not:
1.
modify, disassemble, decompile or
reverse engineer the Mobile Software, except to the extent that such
restriction is expressly prohibited by law;
2.
rent, lease, loan, resell,
sublicense, distribute or otherwise transfer the Mobile Software to any third
party or use the Mobile Software to provide time sharing or similar services
for any third party;
3.
make any copies of the Mobile
Software;
4.
remove, circumvent, disable, damage
or otherwise interfere with security-related features of the Mobile Software,
features that prevent or restrict use or copying of any content accessible
through the Mobile Software, or features that enforce limitations on use of the
Mobile Software; or
5.
delete the copyright and other
proprietary rights notices on the Mobile Software. You acknowledge that SharePTS
may from time to time issue upgraded versions of the Mobile Software, and may
automatically electronically upgrade the version of the Mobile Software that
you are using on your mobile device. You consent to such automatic upgrading on
your mobile device, and agree that the terms and conditions of this Agreement
will apply to all such upgrades. Any third-party code that may be incorporated
in the Mobile Software is covered by the applicable open source or third-party
license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale
of the Mobile Software or any copy thereof, and SharePTS or its third party
partners or suppliers retain all right, title, and interest in the Mobile
Software (and any copy thereof). Any attempt by you to transfer any of the
rights, duties or obligations hereunder, except as expressly provided for in
this Agreement, is void. SharePTS reserves all rights not expressly granted
under this Agreement. If the Mobile Software is being acquired on behalf of the
United States Government, then the following provision applies: Use,
duplication, or disclosure of the Mobile Software by the U.S. Government is
subject to restrictions set forth in this Agreement and as provided in DFARS
227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT
1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as
applicable. The Mobile Software originates in the United States, and is subject
to United States export laws and regulations. The Mobile Software may not be
exported or re-exported to certain countries or those persons or entities
prohibited from receiving exports from the United States. In addition, the
Mobile Software may be subject to the import and export laws of other
countries. You agree to comply with all United States and foreign laws related
to use of the Mobile Software and the Service. Standard carrier data charges
may apply to your use of our Mobile Software.
2.
Mobile Software from iTunes. The following applies to any Mobile Software you acquire
from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree
that this Agreement is solely between you and SharePTS, not Apple, and that
Apple has no responsibility for the iTunes-Sourced Software or content thereof.
Your use of the iTunes-Sourced Software must comply with the App Store Terms of
Service. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any
applicable warranty, you may notify Apple, and Apple will refund the purchase
price for the iTunes-Sourced Software to you; to the maximum extent permitted
by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the iTunes-Sourced Software, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will be solely governed by this Agreement and any law
applicable to SharePTS as provider of the software. You acknowledge that Apple
is not responsible for addressing any claims of you or any third party relating
to the iTunes-Sourced Software or your possession and/or use of the
iTunes-Sourced Software, including, but not limited to:
1.
product liability claims;
2.
any claim that the iTunes-Sourced
Software fails to conform to any applicable legal or regulatory requirement;
and
3.
claims arising under consumer protection
or similar legislation; and all such claims are governed solely by this
Agreement and any law applicable to SharePTS as provider of the software.
You acknowledge that, in the event of any
third party claim that the iTunes-Sourced Software or your possession and use
of that iTunes-Sourced Software infringes that third party’s intellectual
property rights, SharePTS, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual
property infringement claim to the extent required by this Agreement. You and SharePTS
acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of this Agreement as relates to your license of the
iTunes-Sourced Software, and that, upon your acceptance of the terms and
conditions of this Agreement, Apple will have the right (and will be deemed to
have accepted the right) to enforce this Agreement as relates to your license
of the iTunes-Sourced Software against you as a third party beneficiary
thereof.
3.
Access through Mobile Devices.
1.
If you use the SharePTS Sites through
a mobile device, you agree that information about your use of the SharePTS
Sites through your mobile device and carrier may be communicated to us,
including but not limited to your mobile carrier, your mobile device, or your
physical location. In addition, use of the SharePTS Sites through a mobile
device may cause data to be displayed on and through your mobile device. By
accessing the SharePTS Sites using a mobile device, you represent that to the
extent you import any of your SharePTS data to your mobile device that you have
authority to share the transferred data with your mobile carrier or other
access provider. In the event you change or deactivate your mobile account, you
must promptly update your SharePTS account information to ensure that your
messages are not sent to the person that acquires your old number and failure
to do so is your responsibility. You acknowledge you are responsible for all
charges and necessary permissions related to accessing the SharePTS Sites
through your mobile access provider. Therefore, you should check with your
provider to find out if the SharePTS Sites are available and the terms for
these services for your specific mobile devices.
2.
By using any downloadable application
to enable your use of the SharePTS Sites, You are explicitly confirming your
acceptance of the terms of the End User License Agreement associated with the
Application provided at download or installation, or as may be updated from
time to time.
You agree to defend, indemnify and
hold harmless SharePTS and its subsidiaries, agents, licensors, managers, and
other affiliated companies, and their employees, contractors, agents, officers
and directors, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees) arising from: (i) your use of and access to the Service,
including any data or content transmitted by you; (ii) your violation of any
term of this Agreement; (iii) your violation of any third-party right,
including without limitation any right of privacy or Intellectual Property
Rights; (iv) your violation of any applicable law, rule or regulation; (v) any
claim and/or damages that arise as a result of any of your User Content or any
that is submitted via your account; or (vi) any other party’s access and use of
the Service with your unique username, password or other appropriate security
code.
1.
THE SERVICE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHAREPTS, ITS SUBSIDIARIES,
AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR
CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF
DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
2. SHAREPTSDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHAREPTS
SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SHAREPTS WILL NOT BE A PARTY
TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES.
3. LIMITATION OF LIABILITY:
i.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL SHAREPTS, ITS AFFILIATES, AGENTS, MEMBERS,
DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SERVICE. UNDER NO CIRCUMSTANCES WILL SHAREPTSBE RESPONSIBLE FOR ANY DAMAGE,
LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS
OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
ii.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SHAREPTSASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR
SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY
THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN
NO EVENT SHALL SHAREPTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE
DOLLAR.
iii.
THIS LIMITATION OF LIABILITY SECTION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SHAREPTSHAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
iv.
SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND
LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED
BY APPLICABLE LAW.
v.
The Service is controlled and
operated from its facilities in the United States. SharePTS makes no
representations that the Service is appropriate or available for use in other
locations. Those who access or use the Service from other jurisdictions do so
at their own volition and are entirely responsible for compliance with all
applicable United States and local laws and regulations, including but not
limited to export and import regulations. You may not use the Service if you are
a resident of a country embargoed by the United States, or are a foreign person
or entity blocked or denied by the United States government. Unless otherwise
explicitly stated, all materials found on the Service are solely directed to
individuals, companies, or other entities located in the United States.
1.
Assignment: This Agreement, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by SharePTS
without restriction. Any attempted transfer or assignment in violation hereof
shall be null and void.
2. Governing Law. You agree that: (i)
the Service shall be deemed solely based in Connecticut; and (ii) the Service
shall be deemed a passive one that does not give rise to personal jurisdiction
over SharePTS, either specific or general, in jurisdictions other than
Connecticut. These Terms shall be governed by the internal substantive laws of
the State of Connecticut, without respect to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. We each agree to submit to
the personal jurisdiction of a state or federal courts located in New Haven,
Connecticut, for any actions for which either party retains the right to seek
injunctive or other equitable relief, as further described in the Arbitration
provision below.
3. Arbitration: For any
dispute you have with SharePTS, you agree to first contact us at help@SharePTS.co and attempt
to resolve the dispute with us informally. In the unlikely event that SharePTS
has not been able to resolve a dispute it has with you after attempting to do
so informally, we each agree to resolve any claim, dispute, or controversy
(excluding claims for injunctive or other equitable relief) arising out of or
in connection with or relating to these Terms, or the breach or alleged breach
thereof (collectively, “Claims”), by binding arbitration by the American Arbitration
Association (“AAA”) under the Commercial Arbitration Rules and Supplementary
Procedures for Consumer Related Disputes then in effect for the AAA, except as
provided herein. Unless you and SharePTS agree otherwise, the arbitration will
be conducted in the county where you reside. Each party will be responsible for
paying any AAA filing, administrative and arbitrator fees in accordance with
AAA rules. The award rendered by the arbitrator shall include costs of
arbitration, reasonable attorneys’ fees and reasonable costs for expert and
other witnesses, and any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction. Nothing in this
Section shall prevent either party from seeking injunctive or other equitable
relief from the courts as necessary to prevent the actual or threatened
infringement, misappropriation, or violation of that party’s data security,
Intellectual Property Rights, or other proprietary rights. ALL CLAIMS
MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS
WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S
CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SharePTS ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
4. Notification Procedures and changes to the Agreement: SharePTS may provide notifications, whether such
notifications are required by law or are for marketing or other business
related purposes, to you via email notice, “push” mobile notification, written
or hard copy notice, or through posting of such notice on our website, as
determined by SharePTS in our sole discretion. SharePTS reserves the right to
determine the form and means of providing notifications to our Users, provided
that you may opt out of certain means of notification as described in this
Agreement. SharePTS may, in its sole discretion, modify or update this
Agreement from time to time, and so you should review this page periodically.
When we change the Agreement in a material manner, we will update the “last
modified” date at the bottom of this page. Your continued use of the Service
after any such change constitutes your acceptance of the new Terms of Use. If
you do not agree to any of these terms or any future Terms of Use, do not use
or access (or continue to access) the Service. SharePTS is not responsible for
any automatic filtering you or your network provider may apply to email
notifications we send to the email address you provide us.
5. Waiver by California Residents. If you are a California resident, you waive California Civil
Code Section 1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his or her favor
at the time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
6. Entire Agreement/Severability: This
Agreement, together with any amendments and any additional agreements you may
enter into with SharePTS in connection with the Service, shall constitute the
entire agreement between you and SharePTS concerning the Service. If any
provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force
and effect.
7. No Waiver: No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such term or any
other term, and SharePTS’s failure to assert any right or provision under this
Agreement shall not constitute a waiver of such right or provision.
8. Contact: Please contact us at support@SharePTS.co with any questions regarding this Agreement.