ACTIVE Optimise - Terms and Conditions
The Developer of ACTIVE Optimise (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 Optimise 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.