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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. 

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Acceptance of Terms

By using Activate.ly LLC  (collectively with its subsidiaries and affiliates, “Activate.ly”, “we”, “us”, or “our”) website, including any version of our website compatible with mobile devices (collectively, the “Site”) and service (“Service”), you signify that you have read, understand and agree to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to be bound by these Terms of Use, you are not permitted to use or access the Site or Service in any way. 

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Registration

The Site allows users to input information about the user as part of the Service. By accessing the Service, you agree to provide true, accurate, current, and complete information about yourself as prompted by any fillable form. If any information provided by you is untrue, inaccurate, not current, or incomplete, Activate.ly may reject your registration and terminate your right to use the Service. You are responsible for all activities that occur during your use of the Service.

You agree that all information you provide during your use of the Site or Service is governed by Activate.ly’s Privacy Policy (below) (the “Privacy Policy”), and you consent to all actions Activate.ly takes with respect to your information consistent with the Privacy Policy.

If you choose or are provided with, a username, password, or any other piece of information as part of your use of the Site, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Activate.ly has the right to disable any username, password, or other identifiers, whether chosen by you or provided by Activate.ly, at any time in Activate.ly’s sole discretion for any or no reason, including if, in Activate.ly’s opinion, you have violated any provision of these Terms of Use.

 
Site Access

Activate.ly reserves the right to change or withdraw this Site, in its sole discretion without notice. Activate.ly is not liable if for any reason all or any part of the Site is unavailable at any time or for any period.

 
Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively the “Content”), are owned by Activate.ly and its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

“Activate.ly” and other names used throughout the Site are trademarks of Activate.ly. Other product and company names mentioned on the Site may be trademarks of their respective owners.

 
Use of the Site and Service

The Site and Service are available for access and use solely by you for solely lawful purposes. You may not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any Content or other subject matter that is displayed on or accessible through the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

The Content of the Site may include certain materials owned by third parties, including both private and government sources, and may be subject to terms and conditions in addition to these Terms of Use.

 
Information Privacy

Activate.ly reserves the right, and you authorize Activate.ly, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with the Privacy Policy. The Privacy Policy, which may change from time to time without prior notice, is a part of these Terms of Use.

 
Disclaimer of Liability

You agree that there is no confidential or any other special relationship that is or should be formed by use of the Site or information contained on the Site. Activate.ly expressly denies liability and undertakes no responsibility for the conduct of organizations/partners or individuals that are listed on the Site.

THE INFORMATION DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. Activate.ly MAKES NO GUARANTEE OR WARRANTY OF THE SITE’S FUTURE OR CONTINUED AVAILABILITY, COMPATIBILITY, OR EXISTENCE.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL Activate.ly BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUES, DATA, OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR SITE, EVEN IF Activate.ly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Activate.ly AND YOU. THIS SITE AND THE CONTENT DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Activate.ly THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL Activate.ly’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE OR SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED U.S. $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.

 
Indemnification

You agree to defend, indemnify, and hold harmless Activate.ly, its affiliates, licensors, and service providers, and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

 
Prohibited Uses

It is a condition of using the Site and Service that you do not:

(a)  restrict or inhibit any other user from using or enjoying the Site or Service;

(b)  use the Site or Service to post or transmit any unlawful, defamatory, obscene, vulgar, pornographic, profane or indecent content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

(c)  use the Site or Service to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

(d)  use the Site or Service to post or transmit any information, software, or other material that contains a virus or other harmful component; or

(e)  use the Site or Service to post, transmit, or in any way exploit any information, software, or other material for commercial or advertising purposes.

 
Linking to the Site

Hyperlinks to the Site may not state or imply any Activate.ly sponsorship or endorsement of another website, publication, or service. Activate.ly’s Content may not be incorporated into another website, publication, or service without Activate.ly’s prior written approval. You agree to cooperate with Activate.ly in causing any unauthorized framing or linking to stop immediately. Activate.ly reserves the right to withdraw linking permission without notice.

 
Links to Other Sites

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  Activate.ly has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.

 
Modification of Terms

Activate.ly reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Changes to these Terms of Use will be posted on this page and will indicate at the top of this page the date these terms were last revised.

Continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

 
General Information

These Terms of Use constitute the entire agreement between you and Activate.ly regarding the use of the Site, superseding any prior agreements between you and Activate.ly regarding the use of the Site. The failure of Activate.ly to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision in that or any other instance.

These Terms of Use are governed and interpreted pursuant to the laws of the State of Texas, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms of Use will be finally resolved by arbitration conducted in the English language in Austin, Texas under the commercial arbitration rules of the American Arbitration Association. The parties will bear equally the cost of the arbitration (except that the prevailing party will be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction.  Notwithstanding this, an application may be made to any court for a judicial acceptance of the award or order of enforcement, and Activate.ly will be entitled to seek injunctive relief or other equitable remedies from any court of competent jurisdiction.

If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use will continue in full force and effect. If any provision of these Terms of Use is deemed unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

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Privacy Policy

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. 

Activate.ly LLC  (collectively with its subsidiaries and affiliates, “Activate.ly”, “we”, “us”, or “our”) is a Texas limited liability company that, through its subsidiaries, provides professional services, specializing in business strategy solutions and consulting services.  Activate.ly is committed to maintaining the confidentiality, integrity, and security of Personal Information (as defined below) of the authorized users of the Site.  Activate.ly has developed this Privacy Policy to describe how we may collect information about you through your interactions with us and on our website, including any version of our website compatible with mobile devices (collectively, the “Site”), how we use such information, and how and under what circumstances we share that information. When you submit information to us or through the Site, you consent to the collection and processing of your information as described in this Privacy Policy.  IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SITE OR SUBMIT INFORMATION TO US. We may change this Privacy Policy at our discretion.  The “Effective Date” legend at the top of the page indicates when this Privacy Policy was last revised.  Any changes will become effective when we post the revised Privacy Policy on the Site. Your continued use of the Site following these changes means that you accept the revised Privacy Policy.

 
Information Collection and Use

Activate.ly may collect Personal Information about you when you voluntarily request information from Activate.ly or supply information through the Site that personally identifies you and/or allows us to contact you, including any and all materials submitted by you when you fill out any online forms. “Personal Information” means information associated with or used to identify or contact you.  This includes information such as your name, address, telephone number and e-mail address.   We also collect information through the Site that does not, on its own, identify a specific individual.   If we link this information with your Personal Information in a way that renders it individually identifiable, we will treat it as Personal Information in accordance with the terms of this Privacy Policy. You agree that we may use your Personal Information as follows:

  • to establish and manage business relations with you;

  • to provide services or information to you;

  • to communicate with you via email or phone;

  • for customer service, security, to detect fraud or illegal activities,

  • to prevent or investigate activity we think may be potentially illegal, unlawful, or harmful;

  • for archival and backup purposes in connection with the provision of the services;

  • to better understand how users access and use the Site, for the purposes of trying to improve the Site, diagnose problems, administer our Site and respond to user preferences; and

  • to enforce our other applicable policies.

When you use the Site we may, like most website operators, automatically collect certain non-identifying information about you (“Usage Data”), such as your movement about the Site, your IP address, the type of browser or operating system you use, or the domain name of the website from which you linked to the Site.  In addition, we may use third-party services that collect, monitor and analyze this Usage Data. We use the information that we collect to operate, improve and personalize the Site, provide customer service, and detect, prevent and mitigate fraudulent or illegal activities. Any information we gather, whether voluntarily provided by you or automatically collected, may be used for our internal business purposes and will not be disclosed to third parties except as stated below.  We treat the Personal Information you submit to us as confidential. We may share Personal Information with other trusted companies or people to perform functions for which we engage them when (1) you have authorized our sharing of the information, (2) we need to share the information in order to provide a service requested by you or (3) we need to share the information with others who work on our behalf to provide a product or service that you have requested. These companies or individuals may use your Personal Information only to the extent necessary to assist us and have agreed to keep your Personal Information confidential.  Activate.ly does not sell or rent any Personal Information to third parties. Notwithstanding any other statements or representations in this Privacy Policy or elsewhere on our Site, we reserve the right to disclose any information in our possession if we are required to do so by law or we believe, in good faith, that such disclosure is necessary to comply with the law, court order or other government or law enforcement agency, defend our rights or property, or to respond to an emergency situation or protect the rights, property or safety of users. Activate.ly reserves the right to transfer Personal Information to a purchaser or successor entity in the event of a sale or other corporate transaction involving some or all of our business.

 
Communications

We may use your Personal Information to contact you with newsletters, marketing messages or promotional materials, and other information that you may find interesting. If you would prefer not to receive these communications, you may unsubscribe from our list at any time by clicking on the Unsubscribe link on our marketing emails or calling us at the phone number below.

 
Cookies

Cookies are files that contain small amounts of data. They are sent from our Site and stored on your computer’s hard drive. They may include an anonymous unique identifier. We may use cookies in the following ways:

  1. To personalize the Site.We may use cookies to personalize your experience on the Site by displaying content we believe might interest you based on your information.

  2. To estimate the size of our audience.Each browser accessing the Site is given a unique cookie which is then used to determine the size of our audience and the extent of repeat usage.

  3. To track visitor trends and patterns.We use the information provided by cookies to improve, update and revise the features offered by us. This, we believe, will provide our visitors with more useful content and services.

 
Managing “Do Not Track” Signals

Some browsers have a Do Not Track (“DNT”) feature that lets you tell websites that you do not want your online activities tracked.  When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, ad networks, plug-in providers, and other web services you encounter while browsing to stop tracking your activity via cookies or other tracking technologies. You may choose to not accept cookies or other tracking technologies, and in such a case, you may not be able to use some portions of the Site.

 
Third-Party Links

The Site may contain links to websites maintained by third parties with which we have no affiliation.  This Privacy Policy does not reflect the privacy practices of those sites, and you should consult the privacy policies of those sites to learn about their practices.  A link to any third-party site does not mean that we endorse it or the quality or accuracy of information presented on it.

 
Security

We implement a variety of security measures to maintain the safety of your Personal Information.  However, the security of information transmitted through the internet can never be guaranteed.  We (like all websites) cannot warrant or guarantee 100% security of any information you transmit to us through the Site.

 
Changing or Deleting Personal Information

We strive to maintain the accuracy of Personal Information collected.  We will work with you to correct any Personal Information you submitted to us upon your request.

 
Rights under California Law

Although the Site is designed for individuals over the age of 18 and we do not desire to collect Personal Information from individuals under the age of 18, if you are a California resident under 18 years old and have provided us with Personal Information, you can request that we remove such Personal Information. Note that fulfillment of the request may not ensure complete or comprehensive removal. To request the removal of Personal Information, please email or call us using the contact information below.

 
How to Contact Us

If you have any questions about this Privacy Policy or would like to review, update, correct or delete any Personal Information you have provided, please contact us at jreeves@activate-ly.org

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