Terms of Service and Privacy Policy

PRIVACY POLICY

Last modified 10/10/2018

Introduction

DragNet Technologies, LLC (“Company” or “We”), creator of SigParser, respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.sigparser.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • On the Website.
  • In e-mail, text and other electronic messages between you and us.
  • Through mobile and desktop applications, which provide dedicated non-browser-based interaction between you and this Website and our Services.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by us or any third party; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website, applications or Services. By accessing or using this Website, applications and Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website, our applications and Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website or on or through our applications. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through our applications or any of the Website features or register on the Website, make any purchases through the Website, use any of our Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@sigparser.com.

Information We Collect and Store

When you register for an account, we collect some personal information, such as your name, phone number and email address. You may also ask us to import your contacts and email history by giving us access to your third party services (for example, your email account or CRM) or to use your social networking information if you give us access to your account on social network connection services. In fact, in order to use most features of our Service, you must link a third party email account to your SigParser account. We then import, create, and update versions of your address book and emails for you to access in SigParser. You will also have the option to import and update versions of your calendar, social media contacts, and mobile phone call history, and you can later choose to upload files to, or provide comments through, SigParser. When you invite others to join SigParser by using the Service, we send them an email for that invitation at the email addresses assigned to them in your address book. By inviting someone to your team in SigParser you are giving them access to most of the data in your account although there are some controls available to limit access.

Information we collect also includes:

  • Information that you provide by filling in forms on our Website.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website.

Collection and Use of 3rd Party Personal Information

You may also provide personal information about other people, such as their email address. This information is only used for the sole purpose of completing your request or for whatever reason it may have been provided. If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at support@sigparser.com.

User Data Supplementation

We may receive additional demographic information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

SigParser obtains this business contact and company information from third party sources, such as business intelligence platforms. The information obtained by these third-party sources is from publicly available sources such as news articles. This information is used to support SigParser’s marketing and sales efforts. The SigParser sales team may contact you based on this information to gauge your company’s interest in SigParser’s services and technology solutions. You may opt-out of these communications at any time by clicking the unsubscribe link provided in the email or by sending a request to the SigParser Support team by emailing support@sigparser.com.

Log Data

When you use the Service, we automatically collect certain information from your Device, its software, and your activity using the Services. This may include, for example (but without limitation), usernames, the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before or after you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata, and interactions with the Service, Internet service provider, referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.

Additionally we keep log data on our backend servers of any data processing activities for your account for a limited time period, typically 60 days, to help us diagnose issues. Some personally identifiable information such as usernames or email subjects may be present in the log data but this data is only used for debugging and diagnostic purposes.

When using the Email Parsing API we don’t store any of the email content such as subject, sender, receiver or recipients. We might store statistics such as length of the email, processing time, or other non-identifying information.

Information We Collect Through Automatic Data Collection Technologies

We collect certain information about your equipment, browsing actions and patterns, including as your navigate through and interact with our Website, we may use automatic data collection technology * Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website. * Information about your computer and internet connection, including your IP address, operating system and browser type.

We also collect statistical data which doesn’t contain personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and applications and to deliver better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website and applications according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website or applications.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications on the Website may be served by third parties, including advertisers, promotional partners, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information We use information that we collect about you or that you provide to us, including any personal information: * To present our Website and its contents to you. * To provide you with information, products or services that you request from us. * To fulfill any other purpose for which you provide it. * To provide you with notices about your account, including expiration and renewal notices. * To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for fulfillment, billing and collection. * To notify you about changes to our Website. * To allow you to participate in interactive features on our Website. * In any other way we may describe when you provide the information. * For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, you may unsubscribe from email communications or adjust your user preferences.

We may use the information we have collected from you to enable us to display advertisements or promotional content to advertisers’ or partners target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy: * To our subsidiaries and affiliates. * To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. * To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Website and application users is among the assets transferred. * To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. * To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the “e-mail a friend” feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients. * For any other purpose disclosed by us when you provide the information. * With your consent.

We may also disclose information about you: * To comply with any court order, law or legal process, including to respond to any government or regulatory request. * To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes. * If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Dragnet Technologies, LLC, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Accessing and Correcting Your Information

You may also send us an e-mail at support@sigparser.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your Personal Info Dragnet Technologies acknowledges that you have the right to access your personal information. We collect information for our clients. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the client that you interact with directly.

Access to Data Controlled by our Clients

Dragnet Technologies has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to the Salemino’s Client (the data controller). If the Client requests SigParser to remove the data, we will respond to the request within 30 business days.

Service Provider, Sub-Processors/Onward Transfer

Dragnet Technologies may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice, as well as the service agreements with our Clients. A list of Sub-Processors can be made available upon request.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@sigparser.com or 310 S Twin Oaks Vly RD #107 - 337, San Marcos, CA 92078-4387.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. However, no company can absolutely guarantee that all internet transactions and activities can be kept totally secure.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically reviewing this privacy policy to check for any changes.

Leaving the service

You can cancel your account at any time.

If you haven’t invited anyone to your team we’ll mark your data for deletion and delete it within 10 to 90 days. We keep your data around in case you accidently deleted it and you need to recover it.

If you have other team members, we can’t delete your data from the team. Only the team owner can fully delete the team. Email support@sigparser.com to delete all your data.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: support@sigparser.com

TERMS OF USE

These Terms of Use (“Terms”), made effective as of the date you sign or accept these terms (“Effective Date”), by and between the individual accepting these terms or the organization on whose behalf the individual is acting (“You,” “Your,” or “Yours”), and DragNet Technologies, Inc., govern your access to and use of any DragNet Services, mobile application, or content, or products and/or services made available through DragNet (collectively and individually, the “Services”). Please read these Terms carefully before accessing and using the Services.

1) Terms of Use

a) Acceptance of Terms. By either signing or clicking through to accept these Terms or by accessing and/or using the Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. These Terms are located at https://sigparser.com/home/terms (“Online Terms”). Your continuing use of the Services shall be governed by the Online Terms, as they may be changed from time to time. However, to the extent the Online Terms conflict with any provision of these Terms in a manner that is both material and adverse to you, these Terms shall prevail unless specific notice has been provided to you.

b) Parties. These Terms apply to (1) any visitor on the DragNet’s website (“Visitor”), (2) any individual or company, whether employing multiple or single users, that adopts the Services (“Client”), and to (3) any team member (“Team Member”) or (4) team leader (“Team Leader”) who may use the Services as part of his or her employment by a Client. These terms (Visitor, Client, Team Member, and Team Leader) are all included, as appropriate, in the use of the term “you” in these Terms.

c) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and you agree to be bound by these Terms on behalf of such Subscribing Organization.

d) Amendment of Terms. DragNet may amend these Terms from time to time by posting revisions to the Online Terms. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Notwithstanding the foregoing, if you are a Client, Team Member, or Team Leader, no revision to the Terms that materially alters your obligations, liabilities, or ownership of Contact Data that is aggregated to DragNet (as per Section 2a below) shall be effective unless you agree to such revision in writing.

e) Additional Terms. When you sign up for any of the Services, the terms related to a specific set of Services, such as payment amounts and term of agreement, will be set forth in a sign-up document that you use to sign up, which may be executed online or in writing (“Sign-Up Document”). To the extent the provisions of any Sign-Up Document conflict with these Terms, the provisions of the Sign-Up Document shall prevail. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall prevail.

f) Compliance with Law. You represent and warrant that you shall comply with any applicable laws, regulations, or other governmental requirements (“Laws”), including without limitation any Laws regarding the use, disclosure, and privacy of the Contact Data.

g) Acknowledgement of U.S. Processing of Information. If you are a resident of the European Union or any other country outside the United States, you acknowledge that the personal information you provide will be processed inside the United States and subjected to the requirements of the United States government. You hereby agree to such processing.

2) DragNet Services and Care of Information

a) DragNet Platform. DragNet is a subscription membership that enables Clients, Team Members, and Team Leaders to gather and access information, including without limitation information related to business opportunities, about potential customers and other contacts, account, activity and other data elements that may come from various systems we connect to (“Contact Data”). The platform facilitates the aggregation of Contact Data from multiple sources and the transfer of the Contact Data to and from other systems such as customer relationship management systems. The platform, as part of the Services, and with your permission, can access social media, calendars, e-mails, and applications to quickly and efficiently gather the Contact Data and other data.

b) Security, Confidentiality, and License and Ownership of Contact Data and other types of data. The Contact Data includes data collected from email content like email signatures, meta data from e-mails such as the addressee, time of conveyance, and subject lines (“Meta Data”). Contact Data also includes the content of e-mails (“Content Data”). DragNet commits to handle and store all the Contact Data it receives behind a secure firewall in accordance with industry standard security procedures. All Contact Data continues to belong to the party to whom it originally belonged (which will be assumed to be the company, individual or entity who owns, otherwise controls or has governance over the email domain from which it was mined. Example, johndoe@example.com where example is the domain controlled by Example Corporation, the data mined from john doe’s email address will belong to example corporation as long as an authorized executive of example corporation can provide proof of ownership or control of the email domain. If a team is using popular email systems like Yahoo, Gmail or other publicly available email systems where there is no clear email domain owner, the team leader will be considered the owner of the data” (), but you hereby grant to DragNet and to Client and your Team Leader and other Team Members, a non-exclusive, worldwide, assignable, perpetual, and royalty-free license to use and disclose the Contact Data in connection with this Agreement. DragNet will make no claim to exclusive ownership of the Contact Data. DragNet will not provide the Contact Data to any third party, except to comply with applicable Laws. Notwithstanding the foregoing, DragNet may use anonymized Contact Data that is not identified with a specific customer in order to assemble trends and other large-scale data for benchmarking and statistical generation, as well as to target advertised products or services to any user of the Services.

c) Opting Out and Excluding Contact Data. After signing up for the Services, Client, Team Members and Team Leaders will have an opportunity to sync their contacts and other sources of Contact Data with the platform. They will have an opportunity, at that time, and for a period of 24 hours thereafter, to designate any contact that is a private contact as private. As a general rule, no contact data or email content regarding such private contact will be shown to any other user of dragnet (except the person who marked it private), except for the name of the contact and who designated the contact as private, as well other meta data or information other than the content of the e-mail. In its sole and absolute discretion, DragNet may also show the other meta data to users, but it will never show the content of e-mails from contacts marked as private to users. A Client, Team Member, or Team Leader may change contacts to private contacts at any time, but any Contact Data that was gathered prior to the designation of a contact as a private contact will continue to be treated as Contact Data under the terms of this Agreement.

d) Personal Accounts. If you link a personal account with a Client account, you acknowledge that the Client will be considered to have a license of the nature set forth in Subsection 2(b) in the Contact Data received from your personal account.

e) Informational Snippets. Notwithstanding the foregoing, when the platform gathers Contact Data such as telephone numbers, email signatures and e-mail addresses from e-mails, including physical addresses, titles, other textual sources, or other information that DragNet may mine from the content of an e-mail, it records the information directly surrounding that Contact Data. When a user clicks on the “information” button referencing the telephone number or e-mail address or anywhere the “information” button appears in the Dragnet user interface, the platform will show the information from the content of the email directly surrounding the telephone number or e-mail address, so that the individual seeking to identify the source of the Contact Data can understand the nature of that data. Thus, while the Content Data is not generally available or used by the platform, the Content Data that directly surrounds the telephone number or e-mail address can be discovered, and it is included in the license set forth in Subsection 2(b) above.

3) License, Access, and Restrictions

a) License. Subject to your compliance with these Terms, including the provisions of any Sign-Up Document, DragNet grants you a limited, non-assignable, non-exclusive, royalty-free license to access and use the Services, solely for the purposes set forth herein, as well as the Services described in any Sign-Up Document to which you have agreed.

b) Eligibility Criteria. The availability of all or part of our Services may be limited based on professional, geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to DragNet or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use the Services or to purchase a DragNet membership. If you are under the age of 13, you are not permitted to use the Services or to access the Website.

c) Account Information. You agree that the information you provide to DragNet at registration will be true, accurate, current, and complete. When you sign up, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

d) Infringing or Fraudulent Activity. DragNet does not permit copyright infringing activities and reserves the right to terminate access to the Services and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DragNet may have at law or in equity.

e) Other Restrictions. You may not (i) attempt to obtain a copy of any element of the Services, (ii) reverse compile, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to obtain or create source code for any element of the Services, (iii) modify or create derivative works of any element of the Services, or (iv) allow customers to sub-license, transfer, distribute, sell or resell any Services provided by DragNet hereunder. In addition, you will not use the Services for any purpose that is unlawful or that is prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, or any part of the Services, other accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, any features that prevent or restrict use or copying of any content accessible through the Services, or any features that enforce limitations on the use of the Services or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree that you will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission or bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Services. If at any time during the course of your use of the Services, you come into contact with or receive information containing the personal information of a person under the age of 13, you must delete such information from any program or database storing such information, and you may not use or publish any such information for any purpose.

4) Confidentiality, Proprietary Rights, and Privacy Policy

a) Confidential Information. “Confidential Information” means any proprietary information of a party to these Terms disclosed by one party to the other whether in written, graphic, machine readable or other form that is either marked “Confidential” or “Proprietary” or is confidential in nature. Confidential Information does not include Contact Data, which is addressed elsewhere in these Terms. b) Exceptions. Confidential Information will not include any information that (a) was in the public domain prior to the time of disclosure by the disclosing party, (b) becomes public information after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party, © is already in the possession of the receiving party at the time of disclosure without an obligation of confidentiality, or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. c) Non-Use and Non-Disclosure. Each party will (a) treat as confidential all Confidential Information of the other party, (b) not disclose such Confidential Information to any third party, except on a “need to know” basis to third parties that have signed a non-disclosure agreement containing provisions substantially as protective as the terms of this Section provided that the disclosing party has obtained the written consent to such disclosure from the other party, and © not use such Confidential Information except in connection with performing its obligations or exercising its rights under this Agreement. Each party is permitted to disclose the other party’s Confidential Information if required by law so long as the other party is given prompt written notice of such requirement prior to disclosure and assistance in obtaining an order protecting such information from public disclosure. d) Proprietary Rights. DragNet hereby reserves all intellectual property rights not explicitly granted in these Terms. As between DragNet and you, DragNet owns all intellectual property rights in and to the Services and the Services, and to all related documentation and copies thereof, including without limitation all copyrights, trademarks, patents, trade secrets and other intellectual property (the “Proprietary Rights”), including goodwill or reputation that accrues to DragNet’s intellectual property. To the extent that any Proprietary Rights are invented, created, developed, or first reduced to practice under these Terms, jointly by the parties or in connection with DragNet’s provision of Services, including by incorporating your comments or suggestions, DragNet will own all right, title, and interest in and to such Proprietary Rights, with no duty to account to you with respect to the use and exploitation of the Proprietary Rights. e) Privacy Policy. Our privacy policy for Visitors is set forth here: https://www.sigparser.com/Home/terms. The Privacy Policy applies to users of our website, but not to Clients, Team Members, and Team Leaders, for whom our privacy obligations are set forth in these Terms.

5) Trademarks

Each party grants to the other party a non-exclusive, non-transferable, royalty-free right to display the trademarks, service marks and logos (“Marks”) of the other party solely to allow each party to perform its obligations under this Agreement and to display the Marks of the other party in marketing material indicating its business relationships. If a party objects to a specific use of the other party’s Marks, it will notify the other party of such objection, and such party will cease such use of the objecting party’s Marks. Notwithstanding this provision, you may not make any representations about the Services or Services to any Customer beyond information and representations that are made publicly available by DragNet.

6) Warranty Disclaimer and Liability Limits

a) WARRANTY DISCLAIMER. NEITHER PARTY MAKES ANY ADDITIONAL REPRESENTATION NOR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER, EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. DRAGNET DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES, OR AGAINST INFRINGEMENT. DRAGNET DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED.

b) LIABILITY LIMIT AND CAP. EXCEPT FOR DRAGNET’S WILLFULLY MALICIOUS MISCONDUCT, NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, AND IN CONSIDERATION OF THE RELATIVE RISKS AND REWARDS, DRAGNET WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF DRAGNET IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; NOR, EXCEPT FOR THOSE ITEMS LISTED ABOVE IN THIS PARAGRAPH, SHALL DRAGNET’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAYABLE BY YOU TO DRAGNET FOR THE SERVICES DURING THE THREE MONTHS PRECEDING THE ACT OR OMISSION THAT PRECIPITATED THE CLAIM, OR IF NO SUCH AMOUNT IS DUE, AN AMOUNT OF $500.

7) Indemnification

a) Indemnification by DragNet. DragNet will indemnify you and hold you harmless from and against any claim by any third party that your authorized use of the Services or Services infringes or misappropriates any intellectual property rights of such third party. DragNet may, in the event of such a claim, in its reasonable discretion, (i) procure the continuing right for you to use the Services and Services; (ii) replace or modify the Services or Services in a functionally equivalent manner so that they no longer infringe; or, if neither (i) nor (ii) is reasonably available, (iii) terminate the Terms. DragNet’s duties under this section shall not arise if the alleged infringement is a result of unauthorized use or modification of the Services or Services, or if you fail to comply with DragNet’s instructions that would mitigate or end the infringing conduct or activity.

b) Indemnification by You. You will indemnify and hold harmless DragNet from and against any claim by any party that arises out of, results from, or relates to: (i) your breach of any of the Terms; (ii) your or your customer’s use of the Services Contact Data in any unauthorized manner, including but not limited to use in violation of any law or applicable regulation (and, if you are a Client, any use of the Services or Contact Data by a Team Member or Team Leader in an unauthorized manner); (iii) any claim that you have infringed upon or misappropriated any intellectual property rights of a third party, other than a claim that the Services or Services themselves are the cause of the infringement or misappropriation.

c) Procedures. The indemnifying party’s duty to indemnify and hold harmless shall arise only if the indemnified party gives prompt written notice of any claim of which it becomes aware. The indemnifying party shall cooperate and comply with any settlement or court order made in connection with the claim; provided, however, that the indemnified party shall have the right to approve any settlement that requires any action by the indemnified party.

8) Billing

The provisions governing the amount and timing of payment, including the details related to recurring billing, are set forth in a Sign-Up Document. The following provisions apply to billing and payment, except to the extent they conflict with a Sign-Up Document, in which case the provisions of the Sign-Up Document shall control.

a) Membership Cycles. Your DragNet membership starts, and your obligations to pay begin, on the date that you sign up and submit payment via a valid Payment Method. Unless DragNet otherwise communicates a different time period to you in a Sign-Up Document (such as a multi-month commitment plan), each DragNet cycle is one month in length (a “Membership Cycle”), and will automatically renew at the end of each Membership Cycle until your membership is cancelled or terminated. For example, if you sign up for the Services on April 5, your membership will automatically renew on May 5 (as further explained in “Billing Cycles,” below). You must provide us with a current, valid, accepted method of payment (which we may update from time to time and which will be automatically charged, “Payment Method”) to use DragNet. We will automatically bill the monthly membership fee, and any other fees that may be set forth in a Sign-Up Document, to your Payment Method each month until your subscription is cancelled or terminated.

b) Recurring Billing. By starting your DragNet membership, you authorize us to charge you a membership fee for your initial Membership Cycle as well as a recurring membership fee for each subsequent Membership Cycle at the then current rate, which may change from time to time at Dragnet’s sole discretion. You acknowledge that the amount billed each Membership Cycle may vary for reasons that may include: variation in the number of applications processed on your behalf by the Services, promotional offers and/or your decision to change or add a membership plan. You authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Services, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below.

c) Billing Cycle. When you sign up and purchase your DragNet subscription, your first subscription cycle will be billed immediately. Your subscription will automatically renew each Membership Cycle and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your DragNet membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership.

d) Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable, except that we will provide a refund to members for their current prepaid period in the following circumstances: (i) if you are canceling your subscription and request a refund within 5 days of your initial purchase or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any Services you may have used prior to your cancellation, to the extent permitted by law. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.

e) Payment Methods. You may edit your Payment Method information by logging in online and editing it. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to the Services or any portion thereof.

9) Prohibited Conduct

You agree not to:

  • Harass, threaten, disrupt or defraud Customers or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
  • Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to potential Customers;
  • Impersonate another person or access another user’s account;
  • Share DragNet-issued passwords with any third party or encourage any other user to do so;
  • Permit anyone to use any Services booked under your own membership;
  • Upload material (e.g. virus) that is damaging to computer systems or data of DragNet or users of the Services;
  • Upload or post any material that is inappropriately violent, unduly graphic, pornographic, bigoted, derogatory, racist, or offensive, or that violates the intellectual property rights of any third party. We may remove any material that we decide, in our sole discretion, violates the foregoing requirement.

DragNet may determine in its sole discretion whether conduct in which you engage violates any or all of these obligations, and it may immediately and unilaterally suspend your account and access to the Services and Services for such violation. Exercise of its termination rights hereunder does not preclude the exercise of any other right to which DragNet is entitled, either under the law or under this contract. Such rights include, without limitation, the right to refer violating conduct to law enforcement, where DragNet believes in its sole discretion that illegal conduct has occurred.

10) Third-Party Sites, Products and Services; Links

The Services may include links or access to other websites or services (“Linked Sites”) solely as a convenience to users. In addition, with your authorization, and at your direction, DragNet may access third-party Services on your behalf, using your credentials for the third-party sites that you enter into DragNet yourself. Entering your credentials for such third-party sites into DragNet’s Services constitutes your authorization for DragNet to access such third-party sites on your behalf. DragNet does not endorse any Linked Sites or third-party sites or the information, material, products, or services contained on Linked Sites or accessible through Linked Sites or third-party Sites, and you are solely responsible to review, agree to, and abide by any terms of services or privacy policy adopted or required by such third party. Furthermore, DragNet makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites or third-party site. ACCESS AND USE OF LINKED SERVICESS AND THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES AND THIRD-PARTY SITES OR AVAILABLE THROUGH LINKED SITES AND THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK. DRAGNET WILL PROTECT THE SECURITY OF THE CREDENTIALS USED TO ACCESS LINKED SITES AND THIRD-PARTY SITES ONCE YOU HAVE ENTERED THEM INTO DRAGNET’S SITE, BUT YOU ARE SOLELY RESPONSIBLE TO ENSURE THOSE CREDENTIALS ARE NOT OBTAINED BY A THIRD PARTY OUTSIDE OF DRAGNET’S SITE. Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. YOU AGREE THAT DRAGNET WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITES.

11) Notice

Except as explicitly stated otherwise, legal notices will be served, with respect to DragNet, on DragNet’s national registered agent, and, with respect to you, to the email address you provide to DragNet during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

12) Miscellaneous

a) Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of California.

b) Assignment. DragNet may assign its rights and obligations under these Terms. The Terms will inure to the benefit of DragNet’s successors, assigns and licensees. You may assign your rights and obligations under these Terms only after receiving DragNet’s written approval, which shall not be withheld unreasonably.

c) Severability. If any provision of these Terms, including without limitation the warranty disclaimer and liability limitation terms, shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

d) Headings. The headings used in the Terms are for ease of reference only. They are not intended as a complete re-statement of the matters contained under each heading, and you acknowledge that you have read and understand all the text of this Agreement, and not just the headings.

e) Entire Agreement. These Terms and any applicable terms agreed in a Sign-Up Document, as each may be amended as set forth herein, are the entire agreement between you and DragNet relating to the subject matter herein.

f) Claims; Statute of Limitations. YOU AND DRAGNET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

g) Attorney Fees. In case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.

h) Waiver. No waiver of any of these Terms by DragNet is binding unless authorized in writing by an executive officer of DragNet. In the event that DragNet waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of DragNet to enforce the same at a later time.

i) Force Majeure. DragNet will not be liable for, or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond DragNet’s reasonable control.

j) Beta Testers. If you are a beta tester of the Services or the Services, you acknowledge that the beta release offering is likely not at the level of performance of a commercially available product offering. You acknowledge that, while we will make commercially reasonable efforts to give you a good experience, the Services and Services may not work as intended, and there may be significant defects, such as glitches, bugs, or other delays in the use of the Services. No warranties or representations that may be contained in these Terms apply to your use of the Services as a beta tester.

k) Termination for Cause. Either party may terminate this agreement for cause in the event the other party breaches any material provision of these Terms and fails to cure said breach within 30 days after notice of the breach; provided that if the cure necessarily requires more than 30 days, and the breach does not involve the payment of fees due under these Terms, the party alleged to be in breach shall have such additional time as is reasonably required to cure the breach.

l) Termination for Convenience. Either party may terminate this agreement without cause by giving 60 days’ notice to the other party, unless provided otherwise in a Sign-Up Document.

m) Effect of Termination. Upon termination, either with or without cause, DragNet will make a copy of the Contact Data available to you in a standard format.

n) Survival. The provisions of this Agreement that by their nature are intended to survive the termination of these Terms shall survive.

In witness whereof, the parties hereto have executed these DragNet Terms of Use to be effective as of the Effective Date set forth in the first paragraph hereof.