LivePulse - Terms of Service
Last updated: July 12, 2018
Thank you for choosing LivePulse. By accessing or using the LivePulse website at www.livepulse.co ("Site") or the LivePulse cloud-based IT resource monitoring and management service or related services ("Service"), you agree to the following Terms of Service. If you are using the Site or the Service on behalf of a business entity, you represent and warrant that you have the authority to bind such business entity to these Terms of Service, in which case the term "you" shall refer to both you and the business entity. If you do not agree to the following Terms of Service, do not use the Site or the Service.
SunView Software, Inc ("SunView Software"), the owner and operator of LivePulse, reserves the right to update, modify or replace these Terms of Service at any time. Any changes will be effective immediately upon posting the revised version on the Site (or such later effective date as may be indicated at the top of the revised Terms of Service). Your continued use of the Site or Service following the posting of any changes to these Terms of Service will constitute your acceptance of such changes. If you do not agree to the changes, you must stop using the Site and the Service. In addition, SunView Software may provide other methods by which you may accept these Terms of Service or changes to these Terms of Service.
1. Use of Site and Site Materials
The Site and all the materials on the Site, including without limitation the LivePulse logo and all designs, text, graphics, pictures, information and other content (collectively, "Site Materials"), are the proprietary property of SunView Software or its licensors. You are granted a limited, nonexclusive license (without the right to sublicense) to access and use the Site and Site Materials for your personal or internal business use only. Such license is subject to these Terms of Service and excludes: (a) any resale of the Site or any Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site or any Site Materials; (d) use of any data mining, robots or similar data gathering or extraction, automated account registration, or account utilization methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein; or (f) any use of the Site or any Site Materials other than for its intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license.
2. Use of the Service, Account Registration and Security
SunView Software reserves the right to refuse registration, or to refuse or limit access to the Site and the Service to anyone for any reason at its sole discretion. You are required to provide current, complete and accurate identification, contact, and other information about you as may be prompted by the registration process on the Site ("Registration Data"). You will maintain and promptly update the Registration Data, and any other information you provide to SunView Software on the Site, to keep it current, complete and accurate. You are responsible for maintaining the confidentiality of your LivePulse account information, and you are responsible for all activities that occur under your LivePulse account. You agree to immediately notify SunView Software of any unauthorized use of your account or any other breach of security relating to the Service. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS YOUR LIVEPULSE ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY SERVERS THROUGH YOUR ACCOUNT AND CERTAIN REGISTRATION DATA YOU PROVIDE TO LIVEPULSE. YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT.
3. Disclosure and Use of Data and Related Information
SunView Software uses email addresses, account passwords, and server content, and other information or data you provide to LivePulse solely to provide the Service, improve the Service, and comply with applicable governmental authorities (as described below). We do not sell or share your information with third parties.
Compliance with governmental authorities: Although it is not SunView Software's intention to provide governmental authorities with access to LivePulse account information or the data stored through the Service, you acknowledge that SunView Software may be required to do so by law, statute, regulation, court documents or governmental agency directive. As such, you authorize SunView Software to furnish information about your LivePulse account (including usage information and Registration Data), access to your LivePulse account (including any data or information stored in or accessed through your account), and other information in connection with your use of the Service, to such governmental authorities as may be required, with or without notice to you.
4. Acceptable Conduct
You agree that you are responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials ('Content') that is created, transmitted, stored, or displayed by, from, or within the Service using your account. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines on the Site.
5. Permitted and Prohibited Usage
You may use the Site and the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site or the Service in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to or from the U.S. or other countries).
You acknowledge that any of the below activities are considered prohibited usage of the Site and the
Service, and you agree not to engage in the same. You acknowledge that such prohibited usage may result in immediate account suspension or cancellation, in addition to any other remedies SunView Software may pursue by law:
6. Account Cancellation or Suspension; Termination
SunView Software may cancel or suspend your access to the Service at any time and for any reason without notice. Upon cancellation or suspension, your right to use the Service will stop immediately. You may terminate the Service at any time by contacting SunView Software via the contact page.
Further, SunView Software may terminate these Terms of Service at any time, with or without cause, immediately upon notice to you. You may terminate these Terms of Service by cancelling your LivePulse account. In the event of the termination of these Terms of Service for any reason: (a) the licenses granted to you in these Terms of Service will terminate; (b) you must immediately cease all use of the Site and the Service; and (c) Section 3 and Sections 6 through 14 will survive any such termination.
7. Refund Policy
Cancellation can be requested at any time and will be effective either immediately or upon the customer’s next billing date. Either way, no refund for unused service will be provided.
SunView Software, Inc., the LivePulse logos, the SunView Software logos, and any other product or service name or slogan contained in the Site are trademarks of SunView Software and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of SunView Software or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, graphics, button icons and scripts, are the intellectual property of SunView Software and its licensors, protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sunview Software. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by SunView Software.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUNVIEW SOFTWARE AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ("SUNVIEW SOFTWARE PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILITY OF THE SUNVIEW SOFTWARE PARTIES IN CONNECTION WITH THE SITE OR THE SERVICE, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT), SHALL NOT EXCEED TEN DOLLARS (US$10.00).
10. Exclusions and Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
11. No Third-Party Beneficiaries
You agree that there shall be no third-party beneficiaries to these Terms of Service.
YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. NEITHER SUNVIEW SOFTWARE NOR ANYONE ASSOCIATED WITH SUNVIEW SOFTWARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER SUNVIEW SOFTWARE NOR ANYONE ASSOCIATED WITH SUNVIEW SOFTWARE REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SUNVIEW SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SITE AND THE SERVICE.
You agree to indemnify and hold harmless (and at SunView Software's option, defend) SunView Software, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers 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 or relating to: (i) your use of and access to the Site or the Service; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, in connection with your use of the Site or the Service. This indemnification obligation will survive the termination of your LivePulse account or these Terms of Service.
Entire Agreement. These Terms of Service (together with any other agreement you may enter with SunView Software) constitute the entire agreement between you and SunView Software regarding your use of the Site and the Service and supersede any prior agreements between you and SunView Software for the use of the Service.
Choice of Law and Forum. These Terms of Service and the relationship between you and SunView Software shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and SunView Software consent and submit to the exclusive jurisdiction of the federal or state courts located within the county of Hillsborough, Florida, and agree that any action at law or in equity arising out of or relating to the Site, the Service or these Terms of Service shall be filed and resolved only in such courts.
Waiver and Severability of Terms. The failure of SunView Software to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, then that provision shall be deemed severed from these Terms of Service and the other provisions of these Terms of Service shall remain in full force and effect.
Statute of Limitations. You agree that to the extent permitted by law, any claim or cause of action arising out of or related to use of the Site or the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment. You may not assign any of your rights under these Terms of Service, and any such attempt is void, but SunView Software may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.