GoToMyDevices.com Terms of Service
Updated October 2, 2015
These Terms of Service ("ToS") represent the terms of a binding agreement (the "Agreement") between you and AVTECH Software, Inc. ("AVTECH" or "We" and related pronouns) and governs your use of and access to our GoToMyDevices Service at GoToMyDevices.com and any related sites (the "Site") and our Software, Firmware, Documentation and Content (all as defined below and collectively, the "Services") (the Site and the Services are referred to collectively as the "AVTECH Properties"). Please review these ToS carefully before using the Services.
By using the AVTECH Properties, completing the registration process, browsing the Site and/or downloading any of our Software, Firmware or Documentation, you represent that (1) you have read, understand and agree to be bound by these ToS, (2) you are of legal age to form a binding contract with AVTECH, (3) you have the authority to enter into and bind to the ToS personally or on behalf of the company or other organization named as the user. In the event that you are agreeing to these ToS on behalf of a company or organization, "you" and "your" will refer to the entity being represented.
If you register for or are granted access to a free trial for our Services, these ToS will also govern that free trial.
You may not access the Services if you are a direct competitor of AVTECH, except with our prior written consent. The Services may not be accessed for the purposes of monitoring their performance, functionality or availability, or for any other competitive purposes.
AVTECH reserves the right, at its sole discretion, at any time and from time to time, to replace, modify, add to or remove any and all portions of these ToS. It is your responsibility and obligation to review the most recent version of these ToS from time to time as posted on the Site to ensure continued acceptance of the ToS. Continued use of AVTECH Properties after publication of ToS revisions will conclusively establish your acceptance of the revised ToS.
1.1 AVTECH may discontinue the Services. AVTECH may choose to modify or discontinue the Services, including any portions of the Services as we update our features and offerings. We may stop, suspend or modify the Services at any time without prior notice to you.
1.3 Your Account. In registering for the Services, you agree to (1) provide accurate, complete and current information about yourself and your company or organization as required by our registration form ("Registration Data"); and (2) maintain and promptly update the Registration Data to keep it accurate, complete and current. You represent that you are not barred from using AVTECH Properties under the laws of the United States or any other applicable jurisdiction. You agree not to create an account under a false identity. It is your responsibility to safeguard the username and password used to access the Services and you agree not to share the login information with any third party, including sharing the user account amongst two or more users. Users may belong to the same subscription, but must access the Services using unique user accounts. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. Notify AVTECH immediately if you are aware of or suspect any unauthorized use of your account.
1.4 Use of AVTECH Properties. Subject to the compliance with these ToS, AVTECH grants you a limited, non-exclusive, non-transferrable, non-sublicensable right to: (1) access and use the AVTECH Properties for your internal business purposes; (2) use the Documentation in support of such access and use of the AVTECH Properties. Unless otherwise specified by AVTECH in a separate license, your right to use any AVTECH Properties is subject to the ToS.
1.5 Updates. You understand that the Site and other AVTECH Properties are regularly being updated. As a result, AVTECH may require you to update the firmware or software on any and all AVTECH Properties at any time and without prior notice to continue using the Services.
1.6 Usage Restrictions. The rights granted in these ToS are subject to the following restrictions: You may not (1) copy, modify, host or sublicense the Services; (2) frame or utilize framing techniques to enclose any trademark, logo or other AVTECH Properties (including images, page content, page layout or forms) of AVTECH; (3) use metatags or other hidden text using AVTECH's name or trademarks; (4) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the AVTECH Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (5) use any manual or automated software devices or other processes to "scrape" or download data from any web pages in the Site, except for operators of public search engines solely for the extent needed for creating publically accessible searchable indices of materials; (6) access the AVTECH Properties to build a similar or competitive service, product or website; (7) remove or destroy any copyright or trademark notices contained on or in the AVTECH Properties; (8) modify or adapt the Services or modify another website or services to falsely imply that it is associated with the Services, AVTECH or any other AVTECH Properties; (9) attempt to disable, impair or destroy the Services or disrupt any other person or entity from using the Service; (10) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or other AVTECH Properities without the express writter permission of AVTECH; or (11) use the AVTECH Properties to violate or in violation of any applicable law.
1.7 Availability of Services. Services or certain portions of the Services may not be available in all countries. It is your responsibility to ensure that use of the Services is legal in the country where you reside. The Services may not be available in all languages.
1.8 Data Usage. You shall be solely responsible for ensuring that any processing or storage of data by AVTECH and/or you by use of the Services does not violate any applicable laws. You shall not process or submit to the Services any data that contains any: (1) sensitive personal data as defined under Directive 95/46/EC of the European Parliament ("EU Directive") an any national laws adopted pursuant to the EU Directive about any member country of the European Union; (2) medical or personal health information as defined under the Health Insurance Portability and Accountability Act (HIPAA), unless you enter into a separate agreement with AVTECH relating to the processing and storage of such data.
1.9 Data Storage. AVTECH stores all data for the Services in the United States. AVTECH provides the Services from the United States. By using and accessing the Services, you agree to the storage and processing of the data and any other information provided in the United States.
1.10 AVTECH Proprietary Rights. You agree that AVTECH and our suppliers own all rights, title and interest in the AVTECH Properties and Content. These terms do not grant you any right, title or interest in any of the AVTECH Properties. These terms do not grant you any rights to use the AVTECH logos, domain names, trademarks or other proprietary features.
2.1 Commercial Services. AVTECH offers several types of paid Services ("Commercial Services").
2.2 Support. Technical support is only provided to users of Commercial Services based on your specific purchased Service. If you are using the Service via a Lite account, AVTECH provides support via access to AVTECH installation guides and other documentation related to the Service at: http://AVTECH.com/Support.
2.3 Unauthorized Use. You will prevent unauthorized use of the Services by your users and terminate any unauthorized use of or access to the Services. You will promptly notify AVTECH of any unauthorized use or access to the Services.
3. SERVICE IS AVAILABLE "AS-IS" AND WITHOUT WARRANTY. AVTECH provides the AVTECH Properties "AS IS" and on an "AS AVAILABLE" basis.
3.1 Your use of the AVTECH Properties is at your own risk. AVTECH provides the AVTECH Properties without express or implied warranty or condition of any kind. AVTECH disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. AVTECH makes no warranty or condition that use of the Service or AVTECH Properties will be free from errors, uninterrupted, timely or secure. AVTECH makes no warranty that the data obtained from the use of AVTECH Properties will be accurate or reliable or that any errors will be corrected.
3.2 AVTECH specifically disclaims any and all liability and warranties, express or implied, for uses requiring fail-safe or mission critical performance for uses that require real-time, immediate data where failure could lead to (1) personal injury or death, (2) property damage or (3) environmental damage. For example, this disclaimer applies to, but is not limited to, solutions involving life support, medical devices, nuclear applications or critical asset monitoring. These services are not designed for and should not be used in any of these or other fail-safe applications. If you have questions about whether your use qualifies for this disclaimer, please contact AVTECH.
3.3 You acknowledge that a TCP/IP connection is required between a device and the Service in order to make use of the Services. Due to technical, geographic, environmental or political limitations or circumstances, you or your devices may not be able to communicate with the Services. You are solely responsible for determining whether you and/or your devices are able to connect to the Services at a connection quality sufficient to meet your needs.
3.4 AVTECH may use Third-Party Suppliers for data transport and storage. You acknowledge that storage technologies provided by Third-Party Suppliers may utilitize a multi-tenancy architecture, which may allow parties not associated with AVTECH or a Third-Party Supplier to store or transmit data within the same framework used to store and transmit data for the Services.
3.5 You acknowledge that transmission and storage of the data may result in the data crossing through or residing in multiple political jurisdictions. Each of these jurisdictions may have unique provisions relating to the privacy of the data and information.
4. INDEMNIFICATION. You agree to indemnify and hold AVTECH, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss or damages, including reasonable attorneys' fees, arising out of or related to your use of the Services, including but not limited to allegations that the storage or processing of the data by AVTECH and/or you under these ToS violates any applicable law or regulation, or infringes on the privacy or intellectual property rights of a third party.
5. LIMITATION OF LIABILITY. To the fullest extent permitted by law, in no event will AVTECH, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors be liable for any indirect, incidental, punitive, exemplary or consequential (including loss of use, data, business or profits) damages. It is agreed that the liability of AVTECH will not exceed the aggregate amount of fees collected for use of the Service over the three (3) month period preceding the claim upon which liability is based. The price stated for the Service is a consideration in limiting AVTECH's liability.
6. TERMINATION. AVTECH reserves the right to suspend or cease providing the AVTECH Properties or any portion of the AVTECH Properties, at any time, with or without cause, and with or without notice. Your use of the Service or AVTECH Properties may be suspended or terminated if your Commercial Services account is delinquent or you are in violation of these ToS.
7. DATA RETENTION. Data stored for a Commercial Service will be maintained for the period applicable to your Commercial Service terms. If your account is terminated, the data will no longer be accessible. Upon termination of your account, AVTECH may, but is not required to, delete the data associated with your account.
8. NOTICE. You are responsible for providing AVTECH with a current email address. Our transmission of email messages to the email address provided will constitute effective notice, whether or not delivery to the provided email address is possible. The communications between you and AVTECH may use electronic means, and you consent to receive communications from AVTECH in electronic form. You agree that all terms, agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if it were provided in writing.
9. EXPORT CONTROL. You may not use, export, import or transfer the AVTECH Properties except as authorized by United States law, the laws of the jurisdiction in which AVTECH Properties are accessed, and any other applicable laws. AVTECH Properties may not be exported or re-exported (1) into any United States embargoed countries, or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. You acknowledge and accept that the AVTECH Properties are subject to the export control laws and regulations of the United States.
10. GOVERNING LAW. These ToS and any action related thereto will be governed and interpreted by and under the law of the State of Rhode Island and Providence Plantations.
11. GENERAL TERMS. These ToS constitute the entire and exclusive agreement between AVTECH and you with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services.
11.1 Purchase orders placed by you shall be for the sole purpose of specifying the Commercial Services that you wish to purchase. Any other terms stated in a purchase order delivered to AVTECH shall have no effect.
11.2 AVTECH's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect.
11.3 No agency, partnership, joint venture, or employment is created as a result of these ToS or use of the Services. You do not have authority to bind AVTECH in any respect.