This Site is comprised of various Web pages operated by Advanced Software Services, Inc. (DBA Advantzware) (“Advantzware”).
Advantzware authorizes you to view and access the “Content” on the Site strictly in accordance with and subject to these Terms and the Advantzware Privacy Statement. “Content” includes the entire content and materials accessible through the Site, including, without limitation, materials, information, artwork, graphics, images, text, software, and data. Your use of a Site constitutes your agreement to all these Terms and to the Privacy Statement. Except as expressly permitted under a written agreement (“Agreement”) with Advantzware under which you qualify as an authorized user, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or otherwise without the permission of Advantzware or the copyright owner. For purposes of these Terms, any use of the Content on any other web site or networked computer environment for any purpose is prohibited. You are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content. You acknowledge and agree that you are fully capable and authorized to enter into this binding agreement on behalf of yourself as well as any other organization you may work, consult or otherwise represent.
If you do not agree with the terms of these Terms or the Privacy Statement, you may not use the Site. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.
Modification of These Terms and Content
Advantzware reserves the right to change the terms, conditions, and notices under which a Site is offered at any time, so please refer periodically to the Terms posted on the Site. The Content contained on this Site is subject to change without notice.
Links to Third Party Sites
The Site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of Advantzware and we are not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Advantzware is not responsible for webcasting or any other form of transmission received from any Linked Site. Advantzware provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Advantzware of the site or any association with its sponsor or operator.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to Advantzware that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site.
By way of example, and not limitation, you agree that, when visiting or using the Site, you will:
(a) not contact, defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights including those rights of privacy and publicity of others;
(b) not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations;
(c) not advertise or offer to sell or buy any goods or services for any business purpose;
(d) not conduct or forward surveys, contest, pyramid schemes or chain letters;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(f) comply with all of requirements, procedures, policies regarding visitation and use of the Site and all applicable laws and regulations;
(g) not take any action that imposes, or may impose, in the sole discretion of the Advantzware, an unreasonable or disproportionately large load on the infrastructure or otherwise be disruptive including but not limited to “flooding” any group with posts; or,
(h) not to upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.
Advantzware has no obligation to monitor use of its Site. However, Advantzware reserves the right to review and remove any materials from any source in its sole discretion. Advantzware reserves the right to limit or terminate your access to any or all of its web sites at any time without notice for any reason whatsoever in addition to all other rights and remedies.
Advantzware reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion and in accordance with the Advantzware Privacy Statement.
Password and User Name
Access to some content accessible from the Site is password controlled. By registering for an account, a password and the right to use the protection portions of the Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password controlled content) and that the user name and password are unique to you and/or your company. You are solely responsible for maintaining the confidentiality of your user name and password. You are advised that you could be held liable for losses incurred by Advantzware as a result of the misuse of your user name, password or account.
Unless otherwise indicated, all Content on the Site is copyright protected by United States law and international treaties and the copyright is held by Advantzware or the original creator of the Content. Advantzware also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content. Except for any limited license that may be contained herein or otherwise granted under a Customer Agreement, you have no right to copy Content from a Site, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.
Trademarks and Service Marks:
Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of Advantzware.
Other Intellectual Property Rights:
This Site and its Content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. Advantzware reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
Use of Software and Databases
There are inherent dangers in the use of any software, databases or other Content available for download through the Internet, and Advantzware cautions you to make sure you completely understand the potential risks before you download any software databases or other Content (such as potential infection of your system by computer viruses). If you download software or databases from our Site (“Software“) or subscribe to any services offered through our Site, use of such Software, or subscription to such services is subject to the terms of the associated written Customer Agreement. You may not download or install the Software, or utilize Advantzware services, unless you are a party to (or a user covered under) the applicable Agreement. You are solely responsible for adequate protection and backup of your software, data and equipment and, subject to the applicable Agreement, you assume all risks associated with any Software you may download, access or use.
WITHOUT LIMITING THE FOREGOING AND SUBJECT TO THE APPLICABLE CUSTOMER AGREEMENT, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, AND ACCESS TO OR UTILIZATION OF ADVANTZWARE SERVICES, IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE APPLICABLE CUSTOMER AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED IN THE CUSTOMER AGREEMENT, ADVANTZWARE HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. IN NO EVENT WILL ADVANTZWARE AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) EVEN IF ADVANTZWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
With the possible exception of in connection with password protected and/or secure/restricted areas of this Site, Advantzware does not want to receive confidential or proprietary information from you on this Site. Other than personally identifiable information (which is covered under the Advantzware Privacy Statement), any material, information or other communications that you transmit or post to a Site (“User Communications”) will be considered non-confidential and non-proprietary. Advantzware will have no obligations with respect to such User Communications. Advantzware and its designees will be free to copy, disclose, display, distribute, modify, incorporate, and otherwise use the User Communications and all data, images, sounds, text, and other things embodied therein, without any obligation to any party whatsoever, for any and all commercial or non-commercial purposes. Moreover, by sending Advantzware any such User Communications, you also agree that Advantzware is free to use any ideas, concepts, know-how, or techniques for any purpose and in any manner in its sole discretion.
You agree to use the Site strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, posted, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, THE CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. IN PARTICULAR, ADVANTZWARE DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. ADVANTZWARE FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED THROUGH THIS SITE OR THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT AND SERVICES MAY BE OUT OF DATE, AND ADVANTZWARE MAKES NO COMMITMENT TO UPDATE THE CONTENT OR SERVICES AT THIS SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES TO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ADVANTZWARE, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS SITE, OR THE CONTENT OR SERVICES CONTAIN OR ACCESSIBLE FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVANTZWARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Software and other Content made accessible under these Terms may be subject to United States export control laws and regulations and may also be subject to the laws of the country where you reside. You agree not to transfer or otherwise export any such Software or Content in violation of such laws, including, without limitation, to third parties who are residents or nationals of countries subject to United States embargo or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. You agree to comply with all relevant export laws and regulations, including those of the United States and any other applicable jurisdiction to assure that the Software, Content or anything related to the Site are not exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations.
DMCA and Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Advantzware a notice requesting that Advantzware remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Advantzware a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
Complaints. If you have a question or complaint regarding the Site, you may contact the Complaint Assistance Unit of the division of consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834. You may also send an e-mail to Admin@advantzware.com. You may also contact us by writing to Advantzware 301 Oxford Valley Road, Suite 1713 Yardley, PA 19067 Attn: Administrator or by calling us at 215-369-7800.
Void Where Prohibited
Although this Site is accessible worldwide, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the challenges, sweepstakes, contests, raffles, surveys or similar promotions that may be made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
Law and Jurisdiction
This site is created and controlled by Advantzware in the State of Pennsylvania, USA. Thus, to the maximum extent permitted by applicable law, these Terms and the Privacy Statement are governed by the laws of the United States and the State of Pennsylvania, without giving effect to any principles of conflicts of law. You hereby expressly consent, and waive any jurisdictional, venue or inconvenient forum objections, to the exclusive jurisdiction and venue of the State and Federal courts in Bucks County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the Site. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Advantzware as a result of this agreement or use of the Site. Advantzware and our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Advantzware and our right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Advantzware with respect to such use. Unless otherwise specified herein, these Terms and the Privacy Statement constitute the entire agreement between the user and Advantzware with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Advantzware with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Advantzware, the Advantzware logo are trademarks or registered trademarks of Advantzware and are registered in the United States.
How Advantzware uses the personal information you share with us and that we learn about you because of our relationship when you use the Site.
What personal information, if any, Advantzware may share about you and the conditions we use to protect your information if it must be shared that has been collected through the Site.
Other things you should know about privacy and Advantzware.
“Personal Information” includes information that alone or when in combination with other information may be used to readily identify, contact, or locate you or a specific individual.
Collected Information and Usage
The Advantzware Site. Advantzware (or Advantzware vendors and suppliers) may observe your activities, preferences, and transactional data (such as your IP address and browser type) as well as related usage behavior depending on whether you are using our Site or a particular Advantzware Product. We may use this data for any purpose unless we tell you otherwise in connection with a particular Site or product. While we may collect or log this information, we do not identify you or match this non-Personal Information with your other Personal Information unless or except if we believe doing so will help us better respond to a request you have made or otherwise personalize your experience in using the Site. Where such non-Personal Information is linked to your Personal Information we will treat such information as Personal Information.
One of the primary purposes of cookies and related technologies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Advantzware pages, or register with Advantzware sites or services, a cookie helps Advantzware to recall your specific information on subsequent visits. This simplifies the process of recording your personal information and return user log in. When you return to the Site, the information you previously provided can be retrieved.
You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site you visit.
Children. The Advantzware Site and Advantzware’s products are not directed at children. If you are under 18 or otherwise would be required to have parent or guardian consent to share information with Advantzware, you should not send any information about yourself to us. As required by law, if a person under 13 submits information through any part of a Advantzware Site or a Advantzware Product, and we learn the person submitting the information is such a child, we will attempt to delete this information as soon as possible.
When Advantzware May Share Collected Information
Advantzware Affiliates, Vendors and Suppliers. Advantzware works with several affiliated third parties, vendors, distributors, and suppliers. To the extent it is necessary for these groups to provide their products and services to us and provide products and services you have requested, these third parties may have access to or process your Personal Information. Advantzware may also sometimes permit our authorized service providers to have access to aggregate statistics about our customers, sales, traffic patterns, and related Site or Application information. These transfers of aggregate statistics do not involve Personal Information or data.
Recruitment and Job Applications. Residents of the United States may provide us with Personal Information through our Site. Personal information such as that contained on a resume or curriculum vitae may be submitted in connection with a job application or inquiry. We may use this information throughout Advantzware for the purpose of employment consideration or your inquiry. We may keep your information on file for future consideration. When you submit such information you consent to worldwide processing of this information.
Enabling Services. Advantzware offers a variety of services and functions through its Sites (“Advantzware Services”). Personal Information that is collected through a Site may be used and/or disclosed to third parties in order to enable us to provide Advantzware Services. For example, the Advantzware Site may allow you to interface with a third party Site or application. To facilitate that connection, we may use your Personal Information and/or disclose your Personal Information to third parties.
Public Areas. Any information disclosed in public areas of a Advantzware Site or to the extent possible in an Advantzware Product or other Site (Facebook, YouTube, Twitter, etc.) will become public information. We cannot control the use of information disclosed in public forums, such as forums, bulletin boards, blogs, chat rooms, and networking functions of mobile-device applications. You should exercise caution when disclosing information in these public areas, and be careful how you disclose your Personal Information. Content posted in public areas of the Advantzware Site or Advantzware Products, including advice and opinions, represent the views and is the responsibility of those who post the content. Advantzware does not necessarily endorse, support, verify, or agree with the content posted.
As Required by Law and Other Extraordinary Disclosures. Advantzware may be required to disclose your Personal Information if it: (i) believes in its sole judgment that such disclosure is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) would potentially mitigate our liability in an actual or potential lawsuit, (iii) is otherwise necessary to protect our rights or property, or (iv) is necessary to protect the legal rights or property of others.
Unfortunately, no data transmission over the Internet can be guaranteed to be secure, therefore, we cannot ensure the security of any information you send to us and you do so at your own risk. If Advantzware learns of a security system’s breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Site or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues. Advantzware may post a notice on this Site if a security breach occurs. If this happens, you will need a web browser or mobile device enabling you to view the Advantzware Site or Application. Advantzware may also send an email to you at the email address you have provided to us in these circumstances or communicate with you by other means if we can. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Links to Third-Party Sites and Co-Branded Sites
Special Notice to International Visitors and Customers
If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, including those whose privacy laws may be stricter than U.S. law, please note that you are transferring your personal data to the United States to Advantzware. By providing your personal data you consent to that transfer and processing.
When you provide Advantzware with Personal Information, we may communicate with you using the information you have given us to provide you with information we think may be of interest to you as permitted by law.
Enforcement and More Information
When Advantzware receives formal written complaints, it is Advantzware’s policy to contact the complaining user regarding their concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Advantzware and an individual.