Terms and Conditions

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND ALLIED GUN ACADEMY (hereinafter “Allied”) GOVERNING YOUR USE OF OUR SERVICES (hereinafter “Allied Service(s)”).  The Site is owned and operated by Allied (“we” or “us”).

Your use of, and access to, our Internet Site indicates your acceptance of these Terms and Conditions.

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.

Description of Service

We provide an array of services for online collaboration and management, customer relationship management application and project management applications (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on our website. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.

We may, at our sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you.  Changes in the Terms and Conditions will be effective when posted by us on the site.  Your continued use of the site and/or the services made available on or through it after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

Disclaimers

* Unless a professional services contract is in force, there is no assumed or implied client relationship with any user, regardless of whether they are users of the Site.

* All content and on the Sites is provided “as is” and without warranties of any kind, either express or implied.

* We expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

* We do not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

* Under no circumstances (including but not limited to any act or omission on our part) will we or our affiliates or business partners be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the site or the content.

* To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:

  *** in the case of services supplied or offered by us:

          the supply of the services again;

          the payment of the cost of having services supplied again; and,

 *** in the case of goods supplied or offered by us:

          the replacement of the goods or the supply of equivalent goods; or

          the payment of the cost of replacing the goods or acquiring equivalent goods.

User Sign Up Obligations – Membership

You need not be a member of the site or client of our company to access most portions of the site or to use most of its content or services. However, access to some areas of the Sites and some content and services may be restricted to clients only.

On becoming a client, you will be provided login credentials to access protected content.

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Allied has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Allied may terminate your user account and refuse current or future use of any or all of the Services.

Personal Information and Privacy

Personal information you provide to Allied through the Service is governed by Allied Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Allied Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by contacting us. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

In the course of your use of the Sites and/or the content or services made available on, or through, the site, you may be asked to provide certain personalized information to us (User Information). Our information collection and use policies with respect to the privacy of such User Information are set out in the site’s Privacy Policy, which is located on this page.  You are solely responsible for the accuracy and content of User Information.

Communications from Allied

The Service may include certain communications from Allied, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.

Linking

You agree that if you include a link from any other web site to our site, such link must link to the full version of an HTML formatted page of the site.  You are not permitted to link directly to any image hosted on our site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.  You agree not to download or use images hosted on our site on another web site, for any purpose, including, without limitation, posting such images on another web site.  You agree not to link from any other web site to our site in any manner such that the Sites, or any page of the Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  We reserve our right to insist that any link to our site be discontinued, and to revoke your right to link to our site from any other website at any time upon written notice to you, via email or other contact method.

Third Party Sites

You may be able to move from our site to third party web sites (Linked Sites).  You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they have our endorsement, sponsorship, or recommendation of that web site.  We expressly disclaim any liability for links to another web site.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Inactive User Accounts Policy

We reserve the right to terminate user accounts that are inactive for a continuous period of 120 days, or for any reason, based on our sole discretion. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and backup of your data, if any, by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Allied the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Allied’s commercial, marketing or any similar purpose. But you grant Allied permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Allied will have the right to block access to or remove such content made available by you, if Allied receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Allied for this purpose.

If you wish to protest any blocking or removal of content by Allied, you may do so by contacting us.  For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here.

Trademark, Copyright and Other Proprietary Rights

The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the site, or on content available through the Sites, are registered and unregistered Trademarks of Allied and others.  You agree not to display or use, in any manner, the Allied Trademarks, Allied logo, the names of individual Services and their logos, without Allied’s prior written permission.  Nothing contained on the site should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Site without the written permission of us or the third party that may own the applicable Trademark.

Your use of the site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the site.

You may download a single copy of any content contained on the site, solely for your personal, non-commercial use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content.  Other use of the site, or the Products, content, code, data or materials on the site or available through the site, except as otherwise provided above, is in violation of copyright and other applicable state laws and may be subject to liability for such unauthorized use.

Copyright Agent

We respect the intellectual property rights of others, and require that those people who use the site, or the services or features made available on or through the site, do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to us.  Include the following information:

* Your address, telephone number, and email address;

* A description of where the alleged infringing material is located;

* A description of the copyrighted work that you claim has been infringed; and

* A statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ALLIED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALIED MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Allied, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT ALLIED SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ALLIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ALLIED RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL Allied’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Indemnification

You agree to indemnify and hold harmless Allied, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Allied.

Jurisdiction

We control and operate the site in accordance with the laws of the State of Oregon, USA. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access the site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, or other venue as chosen solely and at the discretion of Allied. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Allied may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspect activity, extended periods of inactivity or at our sole discretion. Objections to suspension or disabling of user accounts should be made to us within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this agreement or any of the Terms and Conditions contained herein, please contact us.  We shall respond to all inquiries after ascertaining your identity.

 

Last revision on: January 1, 2015.