IMPORTANT. READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR USING THE COLLABTIC APPLICATION (DEFINED BELOW) OR USING THE COLLABTIC WEBSITE LOCATED AT WWW.COLLABTIC.CO. BY DOWNLOADING THE APPLICATION OR USING THE SERVICE (DEFINED BELOW), YOU ("you," "your," or "end-user") ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND TERMS, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED AND NOT AUTHORIZED TO ACCESS THE WEBSITE OR DOWNLOAD OR USE THE APPLICATION.
1. Grant of License for Registered Users; Use of Service
Collabtic is a brand and service of Fieldpulse LLC
Fieldpulse LLC. ("Collabtic" "us," or "we") grants you a limited, non-exclusive, non-transferable license to upload, install and otherwise use the Collabtic mobile application ("Application"), provided that: (i) all copyright notices are maintained on the Application; and (ii) you agree to be bound by the terms of this License Agreement, and (iii) the Application is used for the limited purpose contemplated in the provision of this License Agreement and these Terms. The Application and the Website shall be used only by you or your organization.
2. Use of Application; Advertisements
You may use the Application only if you can form a binding contract with Collabtic and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Application on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Application only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Application.
We provide features in the Application that allow you to follow other users, industry forums, or threads. These features will also allow other users to follow you or follow specific threads that you make via the Application.
In addition, we provide a feature for you to invite your friends to use the Application. You agree only to invite friends who you think would be interested in using the Application.
The Application may include advertisements, which may be targeted to you, the content or information on the application, or other information. The types and extent of advertising by Fieldpulse LLC on the Application are subject to change. In consideration for Fieldpulse LLC granting you access to and use of the Application, you agree that Fieldpulse LLC and its third party providers and partners may place such advertising on Collabtic, the application.
You have no ownership rights in the Application. Rather, you have a license to use the Application as long as this License Agreement remains in full force and effect. Ownership of the Application, Website and all intellectual property rights therein shall remain at all times with Fieldpulse LLC. Any other use of the Application by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of these Terms.
The Application and Website contain material that is protected by copyright law, nationally and internationally. It is also protected by United States Copyright Law, trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Fieldpulse LLC.
All licenses pertaining to your use of the Website and Application must be granted explicitly in writing by Fieldpulse LLC. Accordingly, without such license or as set forth explicitly under these Terms you may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Application or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Application or Website, nor shall you attempt to create the source code from the object code for the Application or Website.
In order to access certain features of the Application you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Fieldpulse LLC in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Fieldpulse LLC or Collabtic is not liable for any loss or damage arising from your failure to comply with this section.
8. No Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE APPLICATION AND WEBSITE PROVIDED BY FIELDPULSE LLC ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. FIELDPULSE DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE FIELDPULSE LLC ENTITIES MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (IV) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE TAPATALK ENTITIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL THE FIELDPULSE LLC ENTITIES BE LIABLE (A) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF FIELDPULSE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) FOR, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, BUSINESS INTERRUPTION WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, LOSS OF DATA, OR ANY PERFORMANCE UNDER THE AGREEMENT, ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION EVEN IF SUCH END-USER OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE MAXIMUM REMEDY AVAILABLE TO EITHER PARTY IS ANY AMOUNT PAID FOR THE LICENSE TO FIELDPULSE LLC HEREUNDER. FIELDPULSE LLC MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY APPLICATION, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
10. ENFORCEABILITY OF THIS AGREEMENT
IF ANY PROVISION OF THESE TERMS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES\' INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.
11. Your Warranties
You represent, warrant, and unconditionally guarantee to Fieldpulse LLC that (a) you have the right and ability to enter into this agreement to license and use the Collabtic Service, (b) you and/or any parties to whom you may make use of the Service available will not use it in any manner that might (i) infringe upon any United States copyright, patent, trademark, trade secret, or other proprietary right of any third party; (ii) materially violate any applicable law, statute, ordinance, regulation, right of publicity or privacy; (iii) knowingly contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines; (iv) contain or promote illegal or unlawful activity; (v) contain excessively objectionable or crude content; (vi) contain pornographic material, defined by Webster\'s Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings;" (vii) contain references or commentary about a religious, cultural or ethnic group that are defamatory, offensive, mean-spirited or likely to expose the targeted group to harm or violence. Any violation of your warrant may result in an immediate and permanent ban from the Service.
This License Agreement is effective until it is terminated. Unless otherwise explicitly set forth in writing within another agreement, you may end your legal agreement with Fieldpulse LLC at any time for any reason by deactivating your account and discontinuing your use of the Service. You do not need to specifically inform Fieldpulse LLC when you stop using the Service. Fieldpulse LLC may terminate this License Agreement for any reason, including, but not limited to, if Fieldpulse LLC finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Fieldpulse LLC all copies of the Service, Application and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, limitation of liability and indemnification (specifically paragraphs 3 through 13) shall survive the termination of this License Agreement.
14. Trademark Information and Intellectual Property
You agree that all of Fieldpulse’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of Fieldpulse LLC, and that you will not make trademark use of or otherwise misappropriate any of the foregoing without Fieldpulse LLC prior written approval in each instance.
All other trademarks that appear on the Application Collabtic website or in connection with the Service, including the trademarks of Fieldpulse LLC compatible forums, are displayed for informational, identification, and reference purposes only, and are the property of their respective owners. Collabtic identification and display of Collabtic compatible forum names and logos does not imply any endorsement by, affiliation with, or sponsorship by any forum, and Fieldpulse LLC explicitly disclaims any such endorsement, affiliation, or sponsorship.
You agree that the Service contains proprietary information protected by applicable intellectual property and other laws in favor of Fieldpulse LLC. You further agree that content and information presented to you through the Service is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
15. Copyright or Intellectual Property Complaints
Fieldpulse LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
- a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
- a description of where the material that you claim is infringing is located on our website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner\'s behalf.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Fieldpulse LLC may also terminate a user’s access to the Service if the user is determined to be a repeat infringer. Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:
17301 Livernois Avenue #916
Detroit, MI 48221
16. Choice of Law; Venue; Class Action Waiver.
These Terms of Service and the relationship between you and Fieldpulse LLC are governed by the laws of the State of Michigan without regard to its conflict/choice of law provisions, and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Fieldpulse LLC, shall be brought exclusively in the state or federal courts located in Oakland County, Michigan. You and Fieldpulse waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts. ANY CLAIM AGAINST FIELPULSE LLC SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE FIELDPULSE LLC ENTITIES. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals\' disputes be consolidated or otherwise determined in one proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, including the website, the Application or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Fieldpulse LLC may provide you with notices by email, regular mail, SMS, MMS, text message, push notifications, postings on the Service/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Fieldpulse LLC will have no liability associated with or arising from your failure to maintain and supply Fieldpulse LLC with accurate contact information about yourself, including your failure to receive important information and updates about the Service, Application or the website.
18. General Information
These Terms of Service were last updated on March 1, 2016
17301 Livernois Avenue #916
Detroit, MI 48221