Terms of Service
Action with Traction (the "Service") provided by Olympic Performance, inc. (the "Provider") pursuant to the Terms of Use set forth below. By clicking on the [Register] button, you are agreeing to use the Service in a manner consistent with the Terms of Use of this Agreement and with all applicable laws and regulations.
Subscriber Conduct
You agree that you are solely responsible for the content of your account, and you further acknowledge that the Provider acts as a passive conduit for the storage of data.
Privacy
The Provider considers the Registration Data and the content of all databases to be private and confidential. The Provider will not monitor or disclose any data entered unless required by law.
Security and Reliability
The Provider utilizes services from ForeSoft Corporation (www.foresoft.net) as our cloud Internet platform provider. ForeSoft Corporation uses some of the most advanced technologies for Internet security available today. Secure Socket Layer (SSL) technology protects your information using both server authentication and data encryption, ensuring that your data is safe and secure. The service is hosted on highly redundant servers located in highly secure and reliable Data center in Chicago. Servers are heavily guarded both physically and electronically to prevent interference or access from outside intruders. dbFlex, on behalf of the Provider performs all necessary maintenance, including daily database backup and timely software updates.
Use Purpose
You agree not to resell or make any commercial use of the Service without the express written consent of the Provider and you agree to be fully liable for the use of your account, including any unauthorized use of your account by a third party.
Indemnification
You agree to defend, indemnify and hold harmless the Provider and assigns from and against any and all liabilities.
Term
This Agreement shall continue in full force and effect for so long as you are using the Service. You may terminate the Service at any time, with or without cause. There is no cancellation fee.
Disclaimer of Warranties
THE SERVICE IS PROVIDED ON "AS IS" BASIS. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. INTERNET DELAYS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. IN THE VERY UNLIKELY EVENT OF SERVICE INTERRUPTION THE PROVIDER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. LIMITATION OF LIABILITY. YOU AGREE YOUR SOLE REMEDY UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT IS CANCELLATION OF THE SERVICE.
Data Storage
The Provider agrees to provide customers with unlimited data storage space.
Payments and Cancellation
AwT Project Management is offered as a prepaid hosted service subscription. You agree to make timely payments or be subject to suspension and eventual termination of service. There is no contract or cancellation fee. You may cancel your subscription at anytime, with or without cause. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.
Provider reserves the rights to suspend your service if no payment has been received and no payment arrangements were made. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.
Prices and Price Increases
The price for the service excludes all taxes. You are responsible for any taxes that you are obligated to pay or that we may collect form you. You are responsible for all other charges (for example, phone charges and broadband charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.
If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price.
If your service is on a period basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change.
If you do not agree to these changes, then you must cancel and stop using the service before the changes take place.
How We May Change the Contract
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
Changes to the Service; Termination of the Service; Interruptions to Service
We may change the service or delete features at any time and for any reason. We may terminate or suspend your service at any time. Our termination or suspension may be without cause and/or without notice. Upon service termination, your right to use the service stops right away. Once the service is terminated or suspended, any data you have stored on the service may not be retrieved later. Our termination of the service will not alter your obligation to pay all charges made to your billing account. If we terminate the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before termination, rounded to the end of the current month.
We will do our best to provide uninterrupted service, but interruptions could occur.