Collins Software

Customer Care System Terms of Use Agreement

 

Your use of the Customer Care System Internet site (the "Site") or any of the software subscription service offerings or other services offered on the Site is subject to these Terms of Use (this "Agreement").

 

If you do not agree to this Agreement, you agree not to use or access the Services and the Site. If you are agreeing to this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. Your registration for, or use of, the Services shall be deemed to be your agreement to abide by this Agreement. Collins Software may modify this Agreement at any time without notice to you by posting a revised Agreement on the Site. Your use of the Site constitutes your binding acceptance of this Agreement, including any modifications that Collins Software makes.

 

License Grant

Collins Software hereby grants you a non-exclusive, non-transferable right to use the Site and Services for the term for which you have paid the applicable subscription fees ("License Term"), solely for your own internal business purposes, subject to this Agreement and the Order Schedule.

 

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site or through the Service ("Your Content"). You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. Your Content will be protected by Collins Software with at least the same protective precautions that Collins Software takes to protect its similar proprietary information from unauthorized disclosure. Collins Software will not, without your prior written consent, disclose any of Your Content to any thirty party, except to those bona fide individuals whose access is necessary to enable Collins Software to perform its obligations hereunder.

 

You warrant that you own or have sufficient legal right to the intellectual property rights in Your Content and that Your Content, including any use thereof by Collins Software as described below, does not violate applicable law or the rights of any third party.

 

Technical Support

Collins Software will provide a telephone support number, and/or an Internet address for submitting support requests, maintained by qualified support specialists.

 

Intellectual Property Rights

Collins Software owns all rights, title and interests, including all intellectual property rights, in and to the Site and the Services, the software, materials and other related content (excluding Your Content), and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site or the Services.

 

Fees

You agree to pay the fees on the terms stated in the Order Schedule. You agree to pay all applicable taxes relating to the Services. Any amount payable by you to Collins Software which is past due will be subject to a late payment charge equal to one percent (1%) per month, or the highest rate permitted by law, whichever is less.

 

Term and Termination; Service Cancellation

The Services will be automatically renewed upon the expiration of the then current License Term, unless you give Collins Software written notice thirty (30) days prior to the end of the then current License Term, of your intention to terminate the Services. Fees at the time of automatic renewals will be at the then-current Services rates. Notwithstanding the foregoing, Collins Software may immediately terminate or suspend your use of the Services provided hereunder, or terminate your account and this Agreement if you (i) fail to pay any applicable fees when due, or (ii) breach or otherwise fail to comply with this Agreement and fail to remedy this breach within thirty (30) days of being so notified. You will continue to be charged for the fee-based Services during any period of suspension. Termination will not relieve you from its obligation to pay fees that remain unpaid and will not limit either party from pursuing other available remedies.

 

You may terminate any fee-based Services only upon the expiration of the then current term by notifying Collins Software in accordance with this Agreement.

 

Upon termination by Collins Software of this Agreement or any part thereof in accordance with this Agreement as a result of your breach, negligence or default, Collins Software will have no obligation to refund to you any fees paid by you. The provisions of this section will not apply to those situations defined by law. Notwithstanding the foregoing, in the event your access to the Services is terminated (other than by reason of your breach), Collins Software will make available to you a file of your data within 30 days of termination if you so request at the time of termination.

 

In the event Collins Software permanently ceases to operate the Services, Collins Software will refund to you any pre-paid subscription fees for the remaining months where you no longer have access to the Services.

 

Privacy Policy

All of the information that Collins Software collects from you, such as registration information, is subject to Collins Software's privacy policy and applicable privacy laws. This policy is expressly incorporated into and a part of this Agreement.

 

Your Conduct on the Site and other Restrictions

If Collins Software request registration information from you, you will provide Collins Software with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If Collins Software issues you a password, you may not reveal it to anyone else. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify Collins Software of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. Collins Software will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

 

Collins Software provides you with an administrator user ID and password for accessing the Service, you will assign them to your administrator. You will be responsible, through your administrator, for setting and modifying your and your users' profile and preferences for the Services, authorizing and terminating individual user ID's and passwords and specifying the access rights of those individuals to the Services. The administrator will notify Collins Software if the administrator needs to change the administrator's or any user's ID, and the administrator may do so only by contacting Collins Software at the email address for technical support specified by Collins Software.

 

You will be responsible for all activity occurring under your accounts and will comply with all applicable local, state, and foreign laws, treaties and regulations in connection with your use of the Services, including without limitation, laws and regulations governing data privacy, international communications and transmission of technical or personal data.


The technology and the software underlying the Site and the Services is the property of Collins Software. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site or the Services. You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions:

 

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
  2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content;
  3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Collins Software's sites, any software or hardware, or telecommunications equipment;
  4. Advertise or offer to sell any goods or services for any commercial purpose unless you have Collins Software's written consent to do so;
  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters or other unsolicited messages;
  6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
  8. Restrict or inhibit any other user from using and enjoying any area within the Site;
  9. Interfere with or disrupt Collins Software's sites, servers, or networks;
  10. Probe, scan or test the vulnerability of the Site or circumvent any security mechanism used by the Site;
  11. Impersonate any person or entity, including, but not limited to, any Collins Software representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
  13. Take any action that imposes an unreasonably or disproportionately large load on Collins Software's infrastructure; or
  14. Engage in any illegal activities.

 

Unauthorized access to the Site is a breach of this Agreement and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by Collins Software for use in accessing the Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that Collins Software have approved in advance and in writing.

 

You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

Use of the Site is subject to existing laws and legal process. Nothing contained in this Agreement will limit Collins Software's right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site, which may include disclosing Your Content to the applicable authorities.

 

Indemnification

You will defend Collins Software from any third party claim, and will pay all damages finally awarded against Collins Software in such claim or amounts agreed to in settlement, arising out of:

  1. Your use of the Site;
  2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  3. The content, the quality, or the performance of content that you submit to the Site; or
  4. Your violation of this Agreement.

 

Warranty; Disclaimers

Collins Software warrants that during the License Term, the Site will conform to the documentation provided by Collins Software. In the event the Site does not conform to the documentation, if you promptly notify Collins Software, Collins Software will modify the Site so that it conforms. This is your exclusive remedy.

 

EXCEPT FOR THE WARRANTY PROVIDED ABOVE, THE SITE AND THE SERVICES, ITS SOFTWARE, CONTENT AND OTHER MATERIALS, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. COLLINS SOFTWARE AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COLLINS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SERVICES OR THE SITE, ITS SOFTWARE, CONTENT OR OTHER MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA OR OTHER INTANGIBLE LOSSES.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLLINS SOFTWARE WILL NOT BE LIABLE FOR ANY DAMAGES THAT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO COLLINS SOFTWARE FOR THE SERVICES DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

 

SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, COLLINS SOFTWARE'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.