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Policies that apply to your account and use of this site.
Last revised on October 22, 2024, effective as of October 22, 2024.
These Terms of Service are a contract between you and ExactTempo, Inc. (referred to in these Terms of Service as “ExactTempo”, “us”, “we” or “our”), the provider of the ExactTempo website and the services accessible from the ExactTempo website (which are collectively referred to in these Terms of Service as the “ExactTempo Service”).
You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the ExactTempo Service. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
This section applies to purchases directly from ExactTempo. In the event you obtain access to the ExactTempo Service from an ExactTempo approved reseller, the applicable billing, payment, ordering, and delivery terms will be agreed upon between you and the applicable Reseller and the terms of this Section (Payment, Refunds, Upgrading and Downgrading) shall not apply to your purchase.
A valid credit card is required for paying accounts unless your company pays for services annually, in which case payment via Wire/ACH is acceptable.
The ExactTempo Service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits. In order to treat everyone equally, no exceptions will be made.
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that ExactTempo has no obligation to prescreen or monitor your access to or use of the ExactTempo Service or any information, materials or other content provided or made available through the ExactTempo Service, but has the right to do so. You hereby agree that ExactTempo may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from your billing settings page. Account Owners are the only Users with access to this page.
Any cancellation of your account will result in the deactivation of your account. Cancellations will take effect at the end of your current billing cycle. You can continue using the ExactTempo Service until the end of your current billing cycle. We will make reasonable commercial efforts to delete your information as soon as possible after your account has been deactivated. All data will be removed within 30 days of deactivation.
ExactTempo reserves the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.
ExactTempo, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ExactTempo Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.
Prices and features of all ExactTempo Service plans are subject to change. If ExactTempo does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least three (3) months notice via email. If you have purchased access to the ExactTempo Service through a reseller, the reseller is solely responsible for notifying you of any updates to your plan.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the ExactTempo Service.
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the ExactTempo Service. Your continued use of the ExactTempo Service following any revision to these Terms of Service constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current ExactTempo Service, including the release of new tools and resources, will be subject to these Terms of Service.
We claim no ownership rights over the content submitted or created exclusively by you in your ExactTempo Service account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the ExactTempo Service to you.
Similarly, any reporting data we collect from your use of the ExactTempo Service remains yours. By using the ExactTempo Service you agree that we can use this data to provide the ExactTempo Service to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to otherwise use it to provide the ExactTempo Service.
All proprietary technology utilized by ExactTempo to perform its obligations under these Terms of Service, and all intellectual property rights in and to the foregoing, as between the parties, are the exclusive property of ExactTempo. The contents of the ExactTempo Service are copyrighted under the United States copyright laws (© - ExactTempo). ExactTempo, and the ExactTempo logos, are trademarks of ExactTempo and may not be used without our express written permission. ExactTempo or its third party licensors retain ownership of all right, title, and interest to all copyrights, patents, trademarks, trade secrets, and other intellectual property rights in and to any ExactTempo intellectual property, including, the ExactTempo platform. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the ExactTempo Service.
In some cases, it is necessary for ExactTempo employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing ExactTempo employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
You agree to indemnify and hold ExactTempo, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, charge, liability, damages, expenses or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the ExactTempo Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.
The ExactTempo Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. ExactTempo is a distributor and not a publisher of the content supplied by third parties; as such, ExactTempo exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the ExactTempo Service. Without limiting the foregoing, ExactTempo specifically disclaims all warranties and representations in any content transmitted on or in connection with the ExactTempo Service or on sites that may appear as links on the ExactTempo Service, or in the products provided as a part of, or otherwise in connection with, the ExactTempo Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by ExactTempo or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, ExactTempo does not warrant that the ExactTempo Service will be uninterrupted, uncorrupted, timely, or error-free.
ExactTempo will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the ExactTempo Service, whether or not ExactTempo is advised of the possibility of such damages. You acknowledge and agree that ExactTempo’s maximum liability to you will not exceed the lesser of (a) the amount ExactTempo receives from you or (b) the amount ExactTempo receives from the reseller with whom you have purchased access to the ExactTempo Service, in the ninety (90) days immediately preceding the date on which you first assert a claim.
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the ExactTempo Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of New Jersey, USA without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of New Jersey and the federal courts situated in New Jersey in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of ExactTempo. ExactTempo will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. ExactTempo operates and controls the ExactTempo Service from its offices in the United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the ExactTempo Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the ExactTempo Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and ExactTempo concerning its subject matter, and cannot be changed or modified by you. The section headings used in these Terms of Service are for convenience only and will not be given any legal import.