Terms and Conditions

ContactEngine Website Terms of use

Last updated: 24th February 2017

1. Introduction
ContactEngine Inc. ("we", “us”, “our” or “ContactEngine”) provides users access to the website accessible at http://www.contactengine.com (the “Website”). These terms of use (“Terms of Use”) govern your use of the Website and any other domains and subdomains that link to these Terms of Use. These Terms of Use do not apply to your use of our intelligent communications software platform. Please refer to the separate business terms which would have been presented to you along with your order form or statement of work.

By accessing any part of the Website, you shall be deemed to have accepted these Terms of Use in full. If you do not accept these Terms of Use in full, you must leave the Website immediately.

We may revise these Terms of Use at any time by updating this posting. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check the Website from time to time to review the then current Terms of Use, because they are binding on you.

2. Changes to the Website

2.1 We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.

2.2 We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

3. Website access

3.1 While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4. Use of the Website

4.1 You acknowledge that as between the parties, ContactEngine is and will be the exclusive owner of all right, title and interest in the services offered through the Website, including all Intellectual Property rights therein and thereto. For purposes of this Agreement, “Intellectual Property” means (a) patents, (b) copyrights, moral rights, works of authorship (including copyrights in computer software), and rights in data and databases, (c) trademarks, service marks, Internet domain names, trade dress, and trade names, together with all goodwill associated therewith, (d) registrations, applications, renewals and extensions for any of the foregoing in (a)-(c), (d) trade secrets, and (e) rights of privacy and publicity.

4.2 You are permitted to print and download extracts from the Website for your personal use and to draw the attention of others within your organization to content posted on our Website, on the following basis:
a) no documents, text or related graphics on the Website are modified in any way;
b) no graphics on the Website are used separately from accompanying text; and
c) our copyright and trademark notices and this permission notice appear in all copies.

4.3 Any use of the Website other than in accordance with Section 4 for any purpose is prohibited. If you breach the terms of this Section 4, without prejudice to any other rights we may have, your permission to use the Website will automatically terminate and you must immediately destroy any downloaded or printed extracts from the Website.

5. Links to and from other websites

5.1 Links to third party websites on the Website are provided for your information only. We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.

5.2 You may link to the Website, subject to the following conditions:
a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
b) you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
c) our Website must not be framed on any other website;
d) you do not link from a website that is not owned by you; and
e) your website does not contain content that is distasteful, offensive or controversial, infringes any Intellectual Property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 We expressly reserve the right to revoke the right granted in paragraph 5.2 for breach of these Terms of Use and to take any action we deem appropriate.

6. Disclaimer
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CONTACTENGINE NOR ANY PERSON ASSOCIATED WITH CONTACTENGINE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CONTACTENGINE NOR ANYONE ASSOCIATED WITH CONTACTENGINE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, CONTACTENGINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CONTACTENGINE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnification
You agree to defend, indemnify, and hold harmless the ContactEngine, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

9. Other important terms
9.1 These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware. Any legal suit, action or proceeding arising out of or related to these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and each party hereby consents to the exclusive jurisdiction of, the federal and state courts located in the City of Wilmington within the State of Delaware.
9.2 If any part of these Terms of Use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Use will not be affected.

9.3 If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.

8.4 To the extent you purchase services through the Website, you will pay or reimburse ContactEngine for US sales and use taxes (collectively, “Transaction Taxes”) that ContactEngine is required to collect on the sale of services sold to you under these Terms of Use, it being understood that this obligation is without prejudice to any statutory obligation that either party may owe to a taxing authority. In the event that ContactEngine is subject to audit by any taxing authority and ContactEngine shall not have collected Transaction Taxes from you, you shall provide ContactEngine with documentary evidence that you have paid the Transaction Taxes to the relevant taxing authority. ContactEngine is hereby authorized to share such documentary evidence with relevant taxing authorities.

8.5 By registering on the Website, you grant ContactEngine permission to contact you from time to time with updates and offerings using the contact information provided through the registration process. If you wish to withdraw this permission, please email us at the address below.

To contact us, please email info@contactengine.com.

Thank you for visiting our Website.