By using Holoality Software services ("Holoality Software Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION BY HOLOALITY SOFTWARE TO ACCESS OR OTHERWISE USE THIS WEB SITE ("SITE").
Privacy Policy
Click here to review the Holoality Software Privacy Policy.Links to Other Sites
Holoality Software may provide links, in its sole discretion, to other web sites for the convenience of its users in locating related information and services. These sites have not necessarily been reviewed by Holoality Software and are maintained by third parties over which Holoality Software exercises no control. Accordingly, Holoality Software expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
Service or Agreement changes
Holoality Software may change the Electronic Services we offer on our website at any time and without prior notice. We may also amend the terms of this Agreement at any time without prior notice to you. All changes will be effective upon the posting of the revised Agreement.
Service or Agreement cancellation
You may cancel your participation in the Electronic Services and revoke your agreement to these terms at any time, by E-Mailing support@site-assist.com. Your cancellation will be effective within a reasonable period of time after we receive it. Holoality Software may discontinue the Electronic Services we offer at any time and without prior notice. We may also cancel this Agreement, your access to our site, or your right to participate in the Electronic Services, in whole or in part, at any time without notice to you. You understand that this Agreement and your consent will be effective indefinitely, until you cancel it or until we cancel it.
Refund
Holoality Software offers services by the month and by the year. All services must be paid for in advance. Holoality Software must receive a written Cancellation Notice from the User 10 days before the next billing date. If you cancel your service within 10 days of your next billing date you will be charged for the next month. After canceling you will be able to access the services until the end of the paid month or year.
Anti-SPAM Policy
Holoality Software maintains a zero tolerance policy for use of our network in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail ("SPAM"). You may not use any our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network may not:
Holoality Software does not permit or authorize any attempt to use its network in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any Holoality Software product or service.
We monitor all traffic to and from our servers. Customers suspected of using Holoality Software's products and services for the purpose of sending SPAM will be investigated. It is Holoality Software's policy to immediately remove and deactivate any offending web site sending SPAM.
Customers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Holoality Software may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
If Holoality Software believes that unauthorized or improper use is being made of any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Holoality Software may immediately terminate any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Holoality Software reserves the right to suspend and/or cancel permanently any and all services provided to a User without any notification. If a Customer is in violation of any term or condition of this SPAM Policy, the Terms of Service or uses of our services to disrupt or, in Holoality Software's sole judgment, could disrupt Holoality Software's business operations, Holoality Software reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.
To report an incidence of SPAM, please send an email to abuse@site-assist.com.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network. Failure to enforce this policy in every instance does not amount to a waiver of Holoality Software's rights.
Holoality Software uses computer equipment in California (among other states), and unauthorized use of our network will lead to use of equipment in these states. Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.); and California Business & Professions Code §17538.45 and other state and federal laws.
User Conduct
User shall will only use the Holoality Software services for lawful purposes only and in accordance with this Agreement. User shall not upload, post, transmit or otherwise make available on or through our systems any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
User shall not upload, post, transmit or otherwise make available on or through our systems any material protected by copyright, trademark, patent, trade secret or other proprietary right in a manner that infringes or violates any such right.
All Holoality Software services and systems contains copyrighted material, trademarks and other proprietary information, and the entire content of all our services and online systems are copyrighted as a collective work under the United States copyright laws. Except as granted herein or as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of Holoality Software and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made.
User will not resell any Holoality Software service, or any portion thereof, or otherwise charge others to use our services, or any portion thereof. Further, User will not redistribute any Holoality Software service, or any portion thereof, whether or not User receives compensation for such redistribution.
Disclaimer of Warranties
Holoality Software disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Lead Manager Service results. Holoality Software disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Holoality Software disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through all Holoality Software Services.
THE HOLOALITY SOFTWARE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE HOLOALITY SOFTWARE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. HOLOALITY SOFTWARE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL HOLOALITY SOFTWARE SERVICES. HOLOALITY SOFTWARE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ALL HOLOALITY SOFTWARE SERVICES. HOLOALITY SOFTWARE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON ALL HOLOALITY SOFTWARE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY ANY HOLOALITY SOFTWARE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN ALL HOLOALITY SOFTWARE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF ANY HOLOALITY SOFTWARE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HOLOALITY SOFTWARE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON ANY HOLOALITY SOFTWARE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON ANY HOLOALITY SOFTWARE SERVICES, FROM INABILITY TO USE ANY HOLOALITY SOFTWARE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY HOLOALITY SOFTWARE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON ANY HOLOALITY SOFTWARE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN ANY HOLOALITY SOFTWARE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ANY HOLOALITY SOFTWARE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN ANY HOLOALITY SOFTWARE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF ANY HOLOALITY SOFTWARE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, ANY HOLOALITY SOFTWARE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Holoality Software or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Holoality Software.
Indemnity
User shall defend, indemnify, and hold harmless Holoality Software and its Information Providers and their respective affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from User's use of the Site, any arrangements User makes based on the information available on or through the Site, and any breach by User of this Agreement or other improper act or omission
Submissions
Holoality Software also welcomes feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Holoality Software to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary.
Governing Law
This Agreement has been made in and will be construed and enforced in accordance with Texas law, as applied to agreements entered into and completely performed in Texas. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Dallas, Texas, U.S.A. and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Holoality Software from its offices within the United States. Holoality Software makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
Termination
Holoality Software reserves the right at any time and for any reason in its sole discretion to deny User access to the Site or any portion thereof, and to terminate the license to use the Site granted pursuant to this Agreement. Termination will be effective without notice.
Waiver
Failure by Holoality Software to insist on strict performance of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Holoality Software of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. No waiver shall be effective unless in writing.
Admissibility
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
User/Holoality Software
No joint venture, partnership, employment, or agency relationship exists between User and Holoality Software as a result of this Agreement or User's use of this Site.
Reservation of Rights
Any rights not expressly granted herein are reserved.
Entire Agreement
This Agreement, Holoality Software's Privacy Policy and other written agreements (in electronic or printed form), all of which are hereby incorporated as if set forth fully herein, represent the entire agreement between User and Holoality Software with respect to use of and material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between User and Holoality Software with respect to this Site.