Website Terms of Service

Our websites are located at www.activesensing.com, www.buyplm.com, www.product-lifecycle-management.com, www.pdxplorer.com, and www.plmx.org (each the "Site," collectively the "Sites"). Our Sites are owned and operated by Active Sensing, Inc. ("Active Sensing," "we," "our," "us"). Your access to and use of our Sites is subject to the following terms of use ("Terms of Use") and all applicable laws. Please take a few minutes to review these Terms of Use before using our Sites. By using a Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use our Sites.

Additional Policies and Terms

Our Privacy Policy describes the personal information we collect when you and others use our Sites. It also describes how we use the personal information you share with us, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to the collection, use, and disclosure of your information in accordance with our Privacy Policy. Please review our Privacy Policy before using our Sites. In the event you make a purchase on our Sites, your purchase and related matters are governed by the pricing and other purchase-related polices posted at the time of purchase.

These Terms of Use May Change

We may improve and add to the features and functionality of our Sites and the services we offer. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use. Your continued use of a Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

For your convenience, whenever these Terms of Use are changed, we will strive to alert you by updating the "effective date" at the top of this page. You may access the current version of these Terms of Use at any time by clicking the link marked "Terms of Use" at the bottom of each page of our Sites. Be sure to review these terms regularly so that you are aware of the current terms and any changes. These Terms of Use may be amended only as set forth above.

Modifications and Interruption to the Sites

We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Sites, or that operation of our Sites will be uninterrupted or error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Your Obligation to Provide Truthful Information

You may be asked to submit personal and other information on our Sites. For example, if you use our Sites to request information about our company or make a purchase, you will be asked to provide your name and mailing address. If you submit personal information to Active Sensing through our Sites, the information you submit must be true, accurate, current, and complete.

Your Representations

As a condition of your right to use our Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Sites under the laws of the United States or any other country.

Ownership of Our Sites and Its Contents

Ownership of our Sites. Our Sites, including all of the software and code comprising or used to operate our Sites and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on our Sites (collectively, "Content") are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of Active Sensing or of third parties who have licensed their rights to Active Sensing.

The presence of any Content on our Sites does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through our Sites. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Copyrights. As between you and Active Sensing, Active Sensing and its licensors own and reserve the copyrights in our Sites, including all Content.

Copyright License. We hereby grant you a limited license to access and use our Sites and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. Notwithstanding the foregoing, customer support, technical documentation, and similar installation or use-related Content may be reproduced, downloaded and used by active customers for internal or commercial, non-resale purposes consistent with the licensed use of our products. The foregoing license is subject to our Terms of Use, and you are expressly prohibited from performing any data mining, or using any robots or similar data gathering or extraction methods when you use our Sites. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in our Terms of Use, unless you first obtain our written permission.

Trademarks. All trade names, trademarks and service marks displayed on our Sites are the registered or unregistered trademarks of Active Sensing, or its licensors, or other third parties (collectively, the "Trademarks") and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on our Sites without the prior express written permission of Active Sensing or the trademark owner.

Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding our Sites and the information, products, and services we make available through our Sites (collectively, "Feedback"). By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Please also note that the Feedback you provide to us through our Sites will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Restricted Activities

You may not engage in any of the following with regard to the Sites (including without limitation posting or transmitting content through the Sites), and you agree not to use the Sites to:

  1. violate or encourage the violation of any local, state, national, or international law or regulation;
  2. collect or store personal data about other users of our Sites or solicit personal information from any individual;
  3. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  4. send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Active Sensing in its sole discretion;
  5. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
  6. promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
  7. disrupt or interfere with the security or use of the Sites or any websites or content linked to them;
  8. interfere with or damage the Sites, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Sites;
  9. attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Active Sensing or create or use a false identity;
  10. attempt to obtain unauthorized access to the Sites or portions thereof that are restricted from general access;
  11. use any meta tags or any other "hidden text" utilizing the Active Sensing name, trademarks, or product names;
  12. attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Sites;
  13. engage in any activity that interferes with any third party's ability to use or enjoy the Sites; or
  14. assist any third party in engaging in any activity prohibited by these Terms of Use.

Further, without our written consent, you may not:

  1. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Active Sensing content or any use of or access to the Sites;
  2. use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Sites or monitor or copy our web pages or the content contained thereon;
  3. deep link to the Sites for any purpose; or frame the Sites, place pop-up windows over any content, or otherwise affect the display of the Sites.

Removal of Content

If you would like us to delete any Content you have provided through the Sites for any reason, please notify us using the information provided below. While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Terms of Use (including our Privacy Policy) and applicable law.

Our Right to Modify or Discontinue Our Sites

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Sites (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Sites.

Links to Other Sites

Our Sites may provide links to other Web sites operated by third parties. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. These Terms of Use do not apply to your use of third-party Web sites; your use of such websites are subject to the terms and policies of the owner of such Web sites.

Disclaimer of Warranties

ACTIVE SENSING MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO OUR SITES, ANY CONTENT ON OUR SITES, OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH OUR SITES. OUR SITES AND ALL CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE SENSING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACTIVE SENSING DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON OUR SITES. ACTIVE SENSING DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON OUR SITES BY ITS CLIENTS OR BY SITES USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF ACTIVE SENSING.

Without limiting the foregoing, certain products promoted through our Sites may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any manufacturers' warranty applicable to the products promoted through our Sites.

Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law. Specifically, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms of Use and which if known, might materially affect your consent to these Terms of Use. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES' TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Limitations of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR BY ANY SUPPLEMENTAL PRODUCT WARRANTY, OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNDER NO CIRCUMSTANCES, SHALL ACTIVE SENSING, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITES, CONTENT, ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH OUR SITES, OR YOUR USE OF OR INABILITY TO USE OUR SITES, INCLUDING ANY PURCHASES YOU MAKE OR LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF OUR SITES OR YOUR DOWNLOADING OF ANY MATERIAL FROM OUR SITES.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ACTIVE SENSING OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ACTIVE SENSING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold the Released Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on our Sites, or other use of our Sites in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party's intellectual property or other rights by you or another user of our Sites using your computer, mobile device or account.

Choice of Law, Jurisdiction and Venue

These Terms of Use and the relationship between you and Active Sensing shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Colorado, excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, OUR SITES OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE CITY AND COUNTY OF DENVER, COLORADO, U.S.A. YOU AND ACTIVE SENSING IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General

As used in these Terms of Use, the term "including" means "including, but not limited to." Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use, together with any client agreement to which you may be subject, set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Active Sensing with respect to the subject matter hereof. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.

Notice for California Users

Under California Civil Code Section 1789.3, California users of our Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact us

If you have any questions about this Policy, our privacy practices, or your dealings with these Sites, please contact Active Sensing, Inc. or webmaster@activesensing.com.

Effective on 27 July 2015

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