StatusPath Terms of Service
Acceptance of the Terms of Service
IMPORTANT — READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE STATUSPATH SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to www.statuspath.com and our related applications and software (“Service”). It’s important you understand that your use of the Service is subject to these Terms of Service. This is a legal agreement (“Agreement”) between you and StatusPath, Inc. (“we”, “us”, or “StatusPath”), a Delaware Corporation, for use of the StatusPath service.
We reserve the right to change and update the Agreement at any time without acceptance or notice from you. “You” and “user” means any individual who views, visits, accesses or uses the Service.
Do not use the Service if you don’t agree with the terms of this Agreement. It’s important to note that the Agreement applies to the use of the Service on paid plans and also on any free trial period or beta plan. By using the Service, you signify your irrevocable acceptance of this Agreement.
The website and any downloadable or accessible software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Description of the StatusPath Service
The Service includes a website and the related software, data, and user experiences allowing you access to and use of a single StatusPath Account. The Service provides companies and individuals an online status report tool that collects and displays status updates in a collaborative online workspace. Users may use the Service to create, update, share, and publish information, data, text, messages or other materials (“User Content”).
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
StatusPath, at its sole discretion, can modify any and all features of the Service at any time without prior notice. Unless explicitly stated otherwise, any new features we create to enhance or augment the Service shall be subject to the Agreement.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access, as well as provide all equipment necessary to make such connection to the World Wide Web. You will not access the Service by any means other than the interfaces we provide to you for use in accessing the Service.
The Service includes communications from StatusPath that include service announcements, messages, and more. These communications are part of the Service, and as such you will not be able to opt out of receiving such messages. The Service also includes Service-related messages, such as status report reminders, that you can disable within your Account settings.
USE OF THE STATUSPATH SERVICE
• Registration. In order to use the Service, you will need a valid Account, which requires that you give us a valid electronic email address and other identifying information (“Personal Information”), including a password used for accessing the Account. Take care of your Personal Information as you are responsible for maintaining the confidentiality of the access data for your Account, and you are fully responsible for all activities that occur under your Account. You agree to sign out of your Account after each use, and to also alert us of any breach of your Account or expected unauthorized use of your Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You must give company true and accurate data during the registration process, and you must also keep that Personal Information up to date and accurate if information changes. We assume no duty to verify such information. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
If you are under 13 years of age then you are required to have a parent or guardian review and complete the registration process on your behalf.
By using the Service, you agree you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will StatusPath be liable in any way for any User Content. You acknowledge that we do not pre-screen User Content, but that StatusPath and our designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content that is available via the Service. You must bear all risks associated with the use of any User Content, and you acknowledge that you may not reasonably rely on any User Content.
StatusPath reserves the right to access, read, preserve, and disclose any information as it believes, in its sole discretion, is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of StatusPath, its users and the public. StatusPath will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in StatusPath’s sole discretion as to what action should be taken. You agree that you will not:
(a) upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a StatusPath official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
(e) upload, post or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, including but not limited to (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law;
(k) “stalk” or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) StatusPath determines, in its sole discretion, is inappropriate for sale through the Service provided by Company;
(n) use the Account website as a redirecting/forwarding service to another website;
(o) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or having humans share user logins, or deleting, adding to, or otherwise changing other people’s comments or content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, StatusPath retains the right to terminate such account at any time without further warning.
• Additional Prohibited Actions. You agree the following actions, along with others listed in the Agreement, are strictly prohibited and in violation of this Agreement: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service.
• Termination of Service. StatusPath may terminate the Service, terminate this Agreement, or suspend or terminate your Account without notice or liability if, in its sole discretion, StatusPath believes you have violated any terms of this Agreement. In the event of suspension or termination, your Account will be disabled and you may not be granted access to your Account or any files or other User Content contained in your Account, and we may delete your Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, we may also withdraw and reallocate the public web address related to your Account. Upon termination for any reason, you continue to be bound by the terms of this Agreement.
ACCOUNT INFORMATION FROM THIRD-PARTY SYSTEM OR SOFTWARE
You may direct StatusPath, via its Service, to retrieve certain information maintained online by third-party service or software providers with which you have a customer relationship or maintain an account (“Third-Party Content”). You agree to provide your username, password and other log-in information and credentials necessary to access your account with such providers (“Third-Party Access”), and you hereby grant us permission to use the Third-Party Content and Third-Party Access for the purposes contemplated by the Service and this Agreement.
By using the Service and providing your Third-Party Access, you expressly authorize StatusPath to access and use your Third-Party Content maintained by identified third parties, on your behalf as your agent. You hereby authorize StatusPath to use your Third-Party Access to accomplish the foregoing and to configure the Service so that it is compatible or integrated with the related Third-Party Content. YOU ACKNOWLEDGE AND AGREE THAT WHEN STATUSPATH ACCESSES AND RETRIEVES ACCOUNT INFORMATION FROM THIRD-PARTY SITES, STATUSPATH IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You acknowledge and agree that the Service may not be sponsored or endorsed by the third party services accessible through the Service. You represent and warrant that neither the foregoing (or anything else in the Agreement) nor your use of the Services will violate any agreement or terms to which you are subject, including without limitation, those with respect to any third party site. We do not guarantee that any such third party services will continue to be made available within the Service, and such services may be removed or disabled by StatusPath at any time without notice to you.
STATUSPATH’S PROPRIETARY & INTELLECTUAL PROPERTY RIGHTS
Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “StatusPath Content”), and all Intellectual Property Rights related thereto, are the exclusive property of StatusPath and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the StatusPath Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place StatusPath under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, StatusPath does not waive any rights to use similar or related ideas previously known to StatusPath, or developed by its employees, or obtained from sources other than you. StatusPath is a Trademark of StatusPath, Inc.
You acknowledge that the Service, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to StatusPath, its affiliates, suppliers and any other party authorized by StatusPath to resell, distribute, or promote the Service (“Resellers”), and under such circumstances StatusPath, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
GENERAL PRACTICES REGARDING USE
You agree that StatusPath has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content, Third-Party Content and other communications maintained by the Service. You acknowledge that StatusPath may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. StatusPath retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
NO RESALE OF THE SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by StatusPath.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) all of the information provided by you to StatusPath to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
NO WARRANTIES OR REPRESENTATIONS BY COMPANY
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND STATUSPATH, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR BAILMENT OF YOUR DATA ON STATUSPATH’S SERVERS. STATUSPATH, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE SECURITY OF THE SERVICE, OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS. USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICE. THE ENTIRE RISK ARISING OUT OF USE, SECURITY OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STATUSPATH OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF STATUSPATH’S OBLIGATIONS. WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STATUSPATH, ITS AFFILIATES, SUPPLIERS AND RESELLERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
LIMITATION OF LIABILITY
IN NO EVENT WILL STATUSPATH OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF STATUSPATH, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, STATUSPATH’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE (IF ANY) IN THE PREVIOUS TWELVE (12) MONTHS.
You agree to indemnify, defend and hold harmless StatusPath, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from your use of the Service, your use of your Account, your violation of this Agreement or the infringement or violation by you or any other user of your Account, of any intellectual property or other right of any person or entity.
MODIFICATIONS TO THE SERVICE
StatusPath reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that StatusPath shall not be liable to you or to any third party for any modification, suspension, termination or discontinuance of the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and StatusPath is intended or created by this Agreement.
WAIVER AND SEVERABILITY
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of StatusPath services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed under the laws of the State of Texas, USA, as applied to agreements entered into and to be performed in Texas by Texas residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Travis County, in the State of Texas, USA.
ENTIRE AGREEMENT/GENERAL PROVISIONS
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. StatusPath may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Company upon your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Company, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Service. All notices or other correspondence to StatusPath under this Agreement must be sent to the following electronic mail address for such purpose:
Or the following physical address:
3006 Bee Caves Road, Suite D-310
Austin, TX 78746