Terms of Service

---

The following terms and conditions govern all use of the actiontracking.avatarasoftware.com website and all content, services and products available at or through the website, including, but not limited to, Action & Issue Management (“AIM”) and the On-Demand, Private Cloud, On-Site, and any other hosting accounts (“Hosting Service”), (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Avatara Software’s Privacy Policy) and procedures that may be published from time to time on this Site by Avatara Software (collectively, the “Agreement”). Your agreement is with Avatara Software Inc. (located in Canada) (“Avatara Software” or “we”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Avatara Software, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

1. Your Account and Site.

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Avatara Software may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Avatara Software liability. You must immediately notify Avatara Software of any unauthorized uses of your account or any other breaches of security. Avatara Software will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors.

If you operate an account, comment on an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms.

Without limiting any of those representations or warranties, Avatara Software has the right (though not the obligation) to, in Avatara Software’s sole discretion (i) refuse or remove any content that, in Avatara Software’s reasonable opinion, violates any Avatara Software policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Avatara Software’s sole discretion. Avatara Software will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.

Paid services are available on the Website (any such services, a “Paid Service”). By selecting a Paid Service you agree to pay Avatara Software the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Service and will cover the use of that service for a monthly or annual subscription period as indicated.

Unless you notify Avatara Software before the end of the applicable subscription period that you want to cancel a Paid Service, your Paid Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Paid Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Services can be canceled at any time in the account section of your site.

4. Responsibility of Website Visitors.

Avatara Software has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Avatara Software does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Avatara Software disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which actiontracking.avatarasoftware.com links, and that link to actiontracking.avatarasoftware.com. Avatara Software does not have any control over those non-actiontracking.avatarasoftware.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-actiontracking.avatarasoftware.com website or webpage, Avatara Software does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Avatara Software disclaims any responsibility for any harm resulting from your use of non-actiontracking.avatarasoftware.com websites and webpages.

6. Copyright Infringement.

As Avatara Software asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by actiontracking.avatarasoftware.com violates your copyright, you are encouraged to notify Avatara Software. Avatara Software will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Avatara Software will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Avatara Software or others. In the case of such termination, Avatara Software will have no obligation to provide a refund of any amounts previously paid to Avatara Software.

7. Intellectual Property.

This Agreement does not transfer from Avatara Software to you any Avatara Software or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Avatara Software. Avatara Software and all other trademarks, service marks, graphics and logos used in connection with actiontracking.avatarasoftware.com, or the Website are trademarks or registered trademarks of Avatara Software or Avatara Software’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Avatara Software or third-party trademarks.

8. Advertisements.

Avatara Software reserves the right to display advertisements on your account.

9. Attribution.

Avatara Software reserves the right to display attribution links such as ‘Account at actiontracking.avatarasoftware.com,’ in your account footer or toolbar.

10. Domain Names.

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).

11. Changes.

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our websites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using actiontracking.avatarasoftware.com within the designated notice period. Your continued use of actiontracking.avatarasoftware.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

12. Termination.

Avatara Software may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your actiontracking.avatarasoftware.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Avatara Software Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

16. Canadian Economic Sanctions.

You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable Canadian Sanctions. Such use is prohibited, and Avatara Software reserve the right to terminate accounts or access of those in the event of a breach of this condition.

17. Indemnification.

You agree to indemnify and hold harmless Avatara Software, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

18. Translation.

These Terms of Service were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

19. Miscellaneous.

This Agreement constitutes the entire agreement between Avatara Software and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Avatara Software, or by the posting by Avatara Software of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Ontario. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Avatara Software may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy Policy

---

Avatara Software Inc. (“Avatara Software”) operates several websites including avatarasoftware.com and actiontracking.avatarasoftware.com. It is Avatara Software’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Avatara Software collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Avatara Software’s purpose in collecting non-personally identifying information is to better understand how Avatara Software’s visitors use its website. From time to time, Avatara Software may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Avatara Software also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users. Avatara Software only discloses logged in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Gathering of Personally-Identifying Information

Certain visitors to Avatara Software’s websites choose to interact with Avatara Software in ways that require Avatara Software to gather personally-identifying information. The amount and type of information that Avatara Software gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account to provide an email address. Those who engage in transactions with Avatara Software are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Avatara Software collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Avatara Software. Avatara Software does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Avatara Software may collect statistics about the behavior of visitors to its websites. For instance, Avatara Software may monitor the most popular accounts. Avatara Software may display this information publicly or provide it to others. However, Avatara Software does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Avatara Software discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Avatara Software’s behalf or to provide services available at Avatara Software’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Avatara Software’s websites, you consent to the transfer of such information to them. Avatara Software will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Avatara Software discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Avatara Software believes in good faith that disclosure is reasonably necessary to protect the property or rights of Avatara Software, third parties or the public at large. If you are a registered user of an Avatara Software website and have supplied your email address, Avatara Software may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Avatara Software and our products. We primarily use our various product accounts to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via an email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Avatara Software takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Avatara Software uses cookies to help Avatara Software identify and track visitors, their usage of Avatara Software website, and their website access preferences. Avatara Software visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Avatara Software’s websites, with the drawback that certain features of Avatara Software’s websites may not function properly without the aid of cookies.

Business Transfers

If Avatara Software, or substantially all of its assets, were acquired, or in the unlikely event that Avatara Software goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Avatara Software may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Avatara Software and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Avatara Software may change its Privacy Policy from time to time, and in Avatara Software’s sole discretion. Avatara Software encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

---

These Terms of Service and Privacy Policy are available under a Creative Commons Sharealike license, and are based on the WordPress.com Terms of Service and Privacy Policy, with changes.