Useagility, a Division of First Tek, Inc (“First Tek“) operates https://www.useagility.com and may operate other websites. It is First Tek’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, First Tek collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. First Tek’s purpose in collecting non-personally identifying information is to better understand how First Tek’s visitors use its website. From time to time, First Tek may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
First Tek also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://www.useagility.com blogs/sites. First Tek only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to First Tek’s websites choose to interact with First Tek in ways that require First Tek to gather personally-identifying information. The amount and type of information that First Tek gathers depends on the nature of the interaction. For example, we ask visitors who sign up at https://www.useagility.com to provide a username and email address. Those who engage in transactions with First Tek are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, First Tek collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with First Tek. First Tek does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
First Tek may collect statistics about the behavior of visitors to its websites. First Tek may display this information publicly or provide it to others. However, First Tek does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
First Tek discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that
(i) need to know that information in order to process it on First Tek’s behalf or to provide services available at First Tek’s websites, and
(ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using First Tek’s websites, you consent to the transfer of such information to them. First Tek will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, First Tek discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when First Tek believes in good faith that disclosure is reasonably necessary to protect the property or rights of First Tek, third parties or the public at large. If you are a registered user of an First Tek website and have supplied your email address, First Tek may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with First Tek and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. First Tek takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If First Tek, or substantially all of its assets, were acquired, or in the unlikely event that First Tek goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of First Tek may continue to use your personal information as set forth in this policy.
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by First Tek, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Responsibility of Website Visitors. First Tek has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, First Tek does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. First Tek disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://www.useagility.com links, and that link to https://www.useagility.com. First Tek does not have any control over those non-First Tek websites and webpages, and is not responsible for their contents or their use. By linking to a non-First Tek website or webpage, First Tek does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. First Tek disclaims any responsibility for any harm resulting from your use of non-First Tek websites and webpages.
- Copyright Infringement and DMCA Policy. As First Tek asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://www.useagility.com violates your copyright, you are encouraged to notify First Tek in accordance with First Tek’s Digital Millennium Copyright Act (“DMCA”) Policy. First Tek will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. First Tek will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of First Tek or others. In the case of such termination, First Tek will have no obligation to provide a refund of any amounts previously paid to First Tek.
- Intellectual Property. This Agreement does not transfer from First Tek to you any First Tek or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with First Tek. First Tek, https://www.useagility.com, the https://www.useagility.com logo, and all other trademarks, service marks, graphics and logos used in connection with https://www.useagility.com, or the Website are trademarks or registered trademarks of First Tek or First Tek’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any First Tek or third-party trademarks.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Changes. First Tek reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. First Tek may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. First Tek may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your https://www.useagility.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by First Tek if you materially breach this Agreement and fail to cure such breach within thirty (30) days from First Tek’s notice to you thereof; provided that, First Tek can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. First Tek and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither First Tek nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will First Tek, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to First Tek under this agreement during the twelve (12) month period prior to the cause of action. First Tek shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless First Tek, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between First Tek and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of First Tek, or by the posting by First Tek of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of NEW JERSEY, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state courts located in Middlesex County, NEW JERSEY. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; First Tek may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.