Last Updated: 25 February 2016
Thank you for visiting ActGlobal.com. These terms of service ("Terms") cover your use and access to the products, Products, information and websites (collectively, "Products") provided by Act Global Limited and any of our subsidiaries and affiliates (collectively, "Act Global"). By using our Products, you agree to be bound by these Terms. If you are using our Products as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.
You must be the legal age of majority in your jurisdiction of legal residence or otherwise able to form a binding contract with Act Global in order to use the Products.
Act Global is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information that we receive on the Internet. We are committed to protecting your personal information and respecting your privacy. Our goal is to give you as much control and information possible regarding your personal information and the use we make of it in the course of our business.
There are times when we may need information from you, such as name and/or contact information. Usually, the personal information we collect is used by us to respond to your inquiry, provide you with an evaluation or provide requested Products to you. We will never sell, rent or disclose your personally identifiable information to outside parties without your consent unless compelled by law or court order to do so. By providing Act Global with an email address, you agree that you may receive communications from Act Global, such as newsletters, offers and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.
You can only use our Products if they do not conflict with or violate the laws or any applicable intellectual property of your jurisdiction(s). The availability of our Products in your jurisdiction(s) is not an invitation or offer by Act Global to access or use our website or Products. By using our Products, you accept sole responsibility that you or your organization's use of or access to our Products does not violate any applicable laws, patents or trademarks in your jurisdiction(s). Act Global reserves the right to refuse transactions or agreements with you immediately and without prior notice at our sole discretion.
You may not hack, "scrape" or "crawl" ActGlobal.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Act Global has not intentionally made available to you on its website via open or password access.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Products as we intend for them to be used. Any rights not expressly granted in these Terms are reserved by Act Global. Resale or unauthorized distribution of materials downloaded from the Act Global website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Act Global.
Act Global retains all right, title and interest in and to its website and intellectual property, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement or in writing by Act Global, you may not, and may not permit others to reproduce, license, sublicense, translate, decompile, reverse engineer or create derivative works of any of our Products and website content.
The design, text, graphics and selection and arrangement thereof and Products and the legal forms, documents, guidance and all other content found on our website are copyright © Act Global. All rights reserved. You may not copy, imitate or use any Act Global trademark, in whole or in part, without our prior written consent.
Act Global's websites may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Act Global does not sponsor and is not legally associated with any third party "linked sites." Act Global does not control, endorse or monitor the contents of any Linked Site. You should carefully review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site, (a) Act Global will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Act Global does not warrant or support any service provided by the third party.
The information and Products made available through Act Global may include inaccuracies or typographical errors. All information, product specifications, warranties and Products are subject to change without notice.
TO THE FULLEST EXTENT PERMITTED BY LAW, ACT GLOBAL AND ITS AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND WEBSITE UNLESS DULY SIGNED IN WRITING BY AN AUTHORIZED CORPORATE OFFICER. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA ACT GLOBAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ACT GLOBAL OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ACT GLOBAL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ACT GLOBAL'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU DIRECTLY TO ACT GLOBAL FOR THE SPECIFIC AND INDIVIDUAL PRODUCT SALE.
You agree to release, indemnify and hold Act Global and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Products, your violation of these Terms or your violation of any rights of another.
If Act Global is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Products and website we mutually agree to resolve such dispute through binding arbitration by the American Arbitration Association, in Austin, Texas, unless otherwise agreed to in writing. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Notwithstanding our agreement to arbitrate our disputes as provided above, as an exception, Act Global may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Products or to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
These Terms will be governed by Texas law except for its conflicts of laws principles. These Terms constitute the entire agreement between you and Act Global with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Act Global'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 Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Act Global may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Products.
If you have any questions or concerns, please visit our visit our contact page or email firstname.lastname@example.org
at any time.