Acterys.com Web Services Terms of Use

Thank you for using the Acterys.com Service. FP&A Software Pty Ltd (hereafter “FP&A”, “the Company”, “we” or “us”) provides application services located at www.Acterys.com or app.acterys.com (“Acterys” or “the Site”), to you, an individual user (“You”) for your individual usage, subject to compliance with the terms and conditions set forth herein.

1. Agreement

By using Acterys, you agree to be bound by these terms of use (the “Acterys Terms of Use” or “TOU”). If you do not agree with any of the terms below, FP&A does not consent you a license to use the Site or the Data Stream and you should cease your use of them.

2. Changes to the TOU

FP&A reserves the right to update and change, from time to time, these TOU and all documents incorporated by reference. You can always find the most recent version of these TOU at https://app.acterys.com/Home/TermsOfUse. We may change these TOU by posting a new version without notice to you. Use of the Site and the Data Stream after such change constitutes acceptance of such changes.

3. Licensed Uses and Restrictions.

The Site, the Data Stream and the content contained herein, as well as all copyrights, are the property of FP&A Software Pty Ltd (FP&A) and its licensors. FP&A’s rights apply to the Site and the Data Stream. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these TOU. FP&A owns all rights, title, and interest in and to the Site and the Data Stream. These TOU grant you no right, title, or interest in any intellectual property owned or licensed by FP&A, including (but not limited to) the Site, the Data Stream and Acterys.com trademarks. All rights not expressly granted to you are reserved by FP&A.

The Site contains links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that FP&A shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. You may link to any content on the Site.

If you are interested in reprinting, republishing or distributing content from Acterys, please contact FP&A to obtain written consent. Acterys.com™ is a trademark and/or service mark of FP&A or an affiliate. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.

You will not:

i. Use of Acterys in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, stolen products and items used for theft;

ii. Use of Acterys in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the Acterys TOU;

iii. Sell, lease, or sublicense Acterys or the Data Stream or access thereto or derive income from the use or provision of the software, whether for direct commercial or monetary gain or otherwise, without FP&A’s prior, express, written permission; or

iv. Republish, upload, post, transmit or distribute content from the Site or the Data Stream to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission.

v. Sell, rent, assign, lease, transfer, reproduce, perform, modify, translate, allow third party access to, unbundle, make derivative works of, make improvements of, or distribute any code included as part of the Site or any of its components or any content contained therein, including, without limitation advertisements or search links that may be included in Acterys. In addition, you will not change, alter, revise, decompile, disassemble, reverse-assemble or otherwise reverse engineer the Site or the Data Stream or any portion of Acterys for any purpose.

4. Registration data
By using the Site or the Data Stream, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); maintain the security of your password and identification; maintain and promptly update the Registration Data, and any other information you provide to FP&A or Azure, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; and (e) agree to receive e-mails from FP&A from which you may opt out (unsubscribe) at any time using the links provided within the e-mails.

5. Support:
FP&A may elect to provide you with support or modifications for the Site or the Data Stream (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. FP&A may change, suspend, or discontinue any aspect of the Site and the Data Stream at any time, including the availability of the Site and the Data Stream’s data. FP&A may also impose limits on certain features and services or restrict your access to parts or all of the Site or the Data Stream without notice or liability.

6. Disclaimer of Any Warranty

FP&A does not represent or warrant that any of the Site or the Data Stream are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. The Site and the Data Stream are provided “as is” with no warranty, express or implied, of any kind and FP&A expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the Site or the Data Stream is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of the Site or the Data Stream including, but not limited to, any damage to your computer system or loss of data.

7. Limitation of Liability

FP&A shall not, under any circumstances, be liable to You for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Site or the Data Stream, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not FP&A has been advised of the possibility of such damages. Under no circumstances shall FP&A be liable to You for any amount.

8. Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, You agree to hold harmless and indemnify FP&A and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the Site or the Data Stream, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. FP&A shall use good faith efforts to provide you with written notice of such claim, suit or action.

9. General Terms

A

a. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the TOU, You and FP&A shall be and act independently and not as partner, joint venture partners, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of FP&A, expressed or implied, and you shall not attempt to bind FP&A to any contract.

b. Invalidity of Specific Terms. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.

c. Location of Lawsuit and Choice of Law. The TOU and the relationship between You and FP&A shall be governed by the laws of Australia without regard to its conflict of law provisions. You and FP&A agree to submit to the personal jurisdiction of the courts located within the State of New South Wales.

d. No Waiver of Rights by FP&A. FP&A’s failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

e. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the TOU. Any construction or interpretation to be made of the TOU shall not be construed against the drafter. The TOU constitute the entire agreement between FP&A and you with respect to the subject matter hereof.

f. Auto-renewal
Your Acterys subscription will automatically renew at the set interval (yearly, monthly), and your card will be automatically charged the then current fees for the Acterys subscription type or service(s) you’ve selected on a recurring basis until you cancel or delete your Acterys subscription.

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