-
Version
- Version 2.0
- Last Updated: May 20, 2011
-
Applicability
This Privacy Policy applies to and forms part of the Terms of Service of the *.azigo.com websites, the Azigo Data Wallet service, and the related downloadable software (collectively "Services").
Azigo's legacy products, including the Azigo 2 AIR Information Card Selector, Azigo iPhone selector, AzigoLite and related services are covered by the Privacy Policy at: http://azigo-icards.com/terms/
-
Acceptance of Terms and Amendments
Azigo, Inc. ("Azigo") provides websites, installable software, and related services (collectively "Services") to you subject to the following Terms of Use (these "Terms"). Each time you use these Services, you agree to be bound by these Terms. If you do not agree with any of these Terms, your only recourse is to cease using the Services. Azigo may update these Terms at any time, effective upon making any such updates available from a link at http://azigo.com.
-
Description of Services
The Services enable you to collect and curate a rich set of information about yourself, and store this information in the Services. Azigo acts on your behalf to communicate various portions of your information with other individuals, companies, websites, and their owners and operators (collectively "Third Parties"). Azigo also provides a channel for these Third Parties to communicate information back to you. You are always in control of which Third Parties get to see which sets of your information.
-
ADDITIONAL SOFTWARE TERMS
Software may be provided to you along with a separate end user license agreement ("EULA"). The terms of the EULA are in addition to these Terms; however in the event of any conflict between these Terms and the EULA, the terms of the EULA shall apply with respect to the use of the Software only.
-
Privacy Policy
Information that the Services may collect is subject to Azigo's Privacy Policy, which can be found from a link at http://azigo.com.
-
Registration and Password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your account, whether authorized or not authorized by you. You agree to immediately notify Azigo of any unauthorized use of your account, username or password.
-
Services Use and Content
You agree to use the Services only for purposes that are permitted by these Terms and by any applicable law or regulation in all relevant jurisdictions for your use, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
You agree not to use the Services in any manner that interferes with or disrupts the Services, or the computers and networks connected with the Services. You are solely responsible for your own use of the Services and for the consequences of any breach by you of these Terms.
You understand and agree that the Services require Azigo to collect, store, process and communicate personal information on your behalf, and you authorize Azigo to do so. All information stored, transmitted or displayed in the Services (the "Content") are the sole responsibility of the originator of such Content. By submitting or otherwise making available to the Services any Content in which you hold intellectual property or other rights, you hereby grant Azigo a worldwide, royalty-free, and non-exclusive license to reproduce, store, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the purposes of providing the Services, subject to these Terms and the Privacy Policy, for the duration that the Content remains stored in the Service.
-
License to Owner Data
In connection with your use of the Services, you may be provided data shared with you by individuals who are registered users of the Services (each such individual, an "Owner", and the data they share with you, "Owner Data"). To the extent that you are provided Owner Data, you agree to accept and use such Owner Data subject to the following license: Owner hereby grants to you a non-exclusive, limited, non-transferable, non-assignable, without the right to grant or authorize sublicenses, license to use the shared Owner Data for the purpose for which it was shared (as evidenced by the applicable communication from the Owner) for a period of thirty (30) days, and you agree not to share such Owner Data with, or disclose or transfer such Owner Data to, any third party.
-
Age Restrictions
The Services are not intended for and may not be used by children under the age of 13.
Reservation of Rights
Azigo reserves certain rights to the Services, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Azigo may have in respect of the Services. By making services available to you, Azigo is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Services without the Azigo's prior written consent.
-
Copyright Complaints
If you believe that any material in the Services infringes upon any copyright which you own or control, you may send a notification of such infringement to:
Azigo, Inc.
30 Washington Street
Wellesley Hills, MA 02481
support@azigo.com
-
Disclaimer of Warranties.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AZIGO DOES NOT WARRANT THAT THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. AZIGO MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE THEIR USE.
-
Limitation of Liability and Indemnity.
TO THE GREATEST EXTENT PERTMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL AZIGO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF AZIGO OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL AZIGO HAVE ANY LIABILITY TO YOU FOR ANY DIRECT DAMAGES, WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE,) ARISING FROM THE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES. You agree to defend, indemnify and hold AZIGO, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Services, your violation of these Terms or the posting or transmission of any materials on or through the Services by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
-
General Information.
You agree that the laws of the state of Massachusetts, excluding its choice-of-law provisions, shall govern these Terms. Please note that your use of the Services may be subject to other local, state, national, and international laws. You consent to jurisdiction of the state and federal courts of Middlesex County, Massachusetts for enforcement of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have with respect to Azigo or the Services must be commenced within one (1) year after the claim or cause of action arose. The failure of Azigo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 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. You may not assign any of your rights or obligations under these Terms without Azigo's express written consent. These Terms inure to the benefit of Azigo's successors, assigns and licensees. The Terms constitute the entire agreement between you and Azigo and govern your use of the Services, superseding any prior agreements between you and Azigo. You also may be subject to additional terms and conditions that are applicable to certain parts of the Services.
