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AkitaBox, Inc. Terms Of Service

Last Updated: July 15, 2024

Welcome to the AkitaBox website, https://home.akitabox.com (the “Site”). AkitaBox, Inc. (“AkitaBox,” “we,” “us,” or “our”) owns and operates the Site to provide you with information about our software products and services.

Acceptance of These Terms of Service.

These Terms of Service (“Terms”) govern your access to and use of the Site and its Content. By accessing and using the Site, you are entering a binding legal contract with AkitaBox in accordance with these Terms. If you do not agree to comply with these Terms, then you may not access or use the Site.

Changes to These Terms.

We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. If we make material changes to these Terms, we will post a notice at the top of these Terms, on the homepage of the Site, or otherwise communicate with you.

Cookies, Pixels, Session Replay, and Other Tracking Technologies (Adtech).

We use cookies, pixels, session replay and other tracking technologies, including third-party tracking technologies (“Adtech”) on our Site.  We use Adtech to serve you with targeted advertising, to collect and perform data analytics regarding use of the Site, to record how you interact with the Site and our Content, including where you direct your mouse, the information you type and other user-related activities.  By accessing and using our Site, you are consenting to our use of Adtech and understand and agree that we may share personal information about you which we collect from the use of Adtech with our third-party advertising, session replay and analytics partners. For more information about how use Adtech, please see our Privacy Policy at [Privacy Policy URL].

1.      Access to and Use of the Site

Use of the Site.

We provide the Site and the Content for general informational purposes for the convenience of our visitors, customers, business partners, service providers, employees, job applicants, and professionals in the industries we serve. The Site contains certain Content and other features that allow visitors to review information about our products. We reserve the right to suspend, restrict, or terminate all or a portion of the Site or your access to or use of the Site at any time, without prior notice.

Eligibility.

You must be at least 18 years old or the age of majority in your state or residence to access and use the Site.

Our Privacy Practices.

We collect certain personal information when you use the Site. For more information on how we collect, use, secure, and disclose your personal information, please see our Privacy Policy at [Privacy Policy URL].

Modifications to the Site.

We reserve the right to modify, suspend, or discontinue at any time, with or without notice, the Site and any features, blog posts, and other Content (or any parts thereof), including the Site’s look and feel.

Site Access.

You are responsible for providing all equipment necessary to establish a connection to the internet, access to the internet, and any telephone, wireless, or other connection and service fees associated with such access. We do not guarantee that the Site will operate with your computer or mobile device, equipment, service plans, or any software that you install on or use with your computer or mobile device.

Site Availability.

The Site or your account may be unavailable or limited due to various reasons, and we shall not be liable to you for any such unavailability, including without limitation, for i) hardware, software, server, network, or telecommunications failures; ii) severe weather, war, riot, acts of God, pandemics, quarantines, fire, earthquakes, strike, labor shortages, etc.; iii) regulatory restrictions and other acts of government; iv) interruptions due to utility and power companies; or v) interruptions due to hacking or other malicious intrusion.

2.      Ownership and Intellectual Property Rights

The Site and all of its content, blog posts, features, and functionality (including but not limited to all information, software, text, displays, images, drawings, designs, software applications, video and audio, photographs, graphics, messages, postings, files, documents, and other materials and its design, selection, and arrangement) (“Content”) are owned by AkitaBox or its licensors and are subject to certain copyright, trademark, patent, trade secret or other intellectual property rights throughout the US and the world.

We permit you to view and download certain Content from the Site for your personal use, such as technical information, product literature, and other materials regarding our products. You may not access, copy, modify, reproduce, publicly display, transmit, distribute or create derivative works from the Content for any commercial purpose. You may not use the Content on any other website, social media site, or networked computer environment (such as an intranet or extranet) for any purpose without the prior written permission of AkitaBox, which may be granted or denied in our sole discretion. Unauthorized use of the Content may violate our intellectual property rights or the intellectual property rights of others. If you fail to comply with these Terms, your authorization to use this Site and its Content will automatically terminate.

3.      Your Account

Certain AkitaBox products allow for users to create accounts. If you create or register for an account, you agree to: 1) provide only truthful and accurate information; 2) not impersonate any other third party; 3) keep your login and password information confidential; 4) ensure that any person accessing your account is aware that the account is subject to these Terms; 5) supervise and be responsible for any use of your account; and 6) notify us and promptly change your login information if you believe that an unauthorized person has access to your login information. You agree to accept responsibility for all activities that occur under your account or password. AkitaBox reserves the right to suspend or terminate any user account for any other reason in its sole discretion.

4.      Acceptable Use Policy

When you access and use the Site, you agree to comply with the following Acceptable Use Policy:

Compliance with Laws.

You agree that you will only use the Site, its Content, and your account in compliance with applicable international, federal, state, and local laws, rules, and regulations.

Be Truthful and Honest.

You agree that you will:

  • submit only true, correct, and accurate information to us when using the Site.
  • not misrepresent your affiliation with AkitaBox or any third party.
  • not commit fraud or falsify information in connection with your use of the Site, your account, or the Content.
  • not act maliciously against the interests or reputation of AkitaBox, its affiliates, service providers, employees, or other Site visitors.

Protection of Intellectual Property Rights.

You agree not to:

  • use the Site or its Content in a manner which infringes or misappropriates the intellectual property rights of AkitaBox or any third party.
  • modify, adapt, translate, copy, distribute, re-publish, transmit, broadcast, display, perform, reproduce, publish, reuse, sell, resell, license, create derivative works of, or transfer the Site or its Content in whole or in part.
  • create the false appearance that any program, person, or entity is associated with you, AkitaBox, the Site, or any third party.
  • corrupt, damage, or delete the Content.

Misuse of the Website or the Content.

You agree not to use the Site, your account, or the Content:

  • in a manner that could harm any person or property.
  • to create a competitive product or service offering.
  • in a manner which does or has the potential to, in our sole opinion, damage or dilute the reputation of AkitaBox, its affiliates, service providers, employees, or other Site visitors, and the goodwill associated with AkitaBox’s name, symbols, logos, or other trademarks.
  • to interfere with another’s use or enjoyment of the Site.
  • to corrupt, damage, or delete the Content.
  • to harass, annoy, intimidate, or threaten any person.
  • to send chain letters, junk mail, or spam.
  • to share any personal information without consent or authorization.
  • to share the confidential information of any third party.
  • to use the Site for the solicitation of business in the course of trade or in connection with a commercial enterprise.

Interference with the Operation of the Website.

You agree not to:

  • engage in activities that could render the Site inoperable, interfere with the Content or the functionality of the Site, or make use of the Site more difficult.
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, its Content, or the Site’s servers.
  • introduce any virus, Trojan horse, worm, or other malware which is harmful to the Site, its Content, or its server(s).
  • disrupt, interfere with, overburden, or otherwise harm or violate the security of the Site, system resources, servers or networks connected to or accessible through the Site.
  • attempt to gain unauthorized access to other accounts or computer systems from or through the Site.
  • deep link to the Site or access the Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, gather, retrieve, copy, or monitor any portion of the Site, its Content or any data.
  • use the Content in any large learning model or any artificial intelligence technology.
  • attack the Site via a denial-of-service attack or distributed denial-of-service attack.

AkitaBox may suspend or terminate your ability to use the Site and its Content without notice in the event you violate the terms of this Acceptable Use Policy. If you violate this Acceptable Use Policy, AkitaBox may not have an adequate remedy at law and monetary compensation may not be a sufficient remedy. In that event, we may seek immediate injunctive relief, without the need to post a bond. We reserve all of our statutory and common law rights against any person or entity that violates this Acceptable Use Policy, and we may suspend or terminate your ability to use the Site and its Content for a violation of this Acceptable Use Policy.

5.      Feedback

AkitaBox welcomes suggestions, comments or other feedback (collectively, “Feedback”) with respect to its products and services. AkitaBox may use Feedback for any purpose without obligation of any kind and without any attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Feedback in any manner, including in connection with AkitaBox’s operations.

6.      Indemnification

You will defend, indemnify, and hold harmless AkitaBox from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your use of the Site or its Content.

7.      No Warranties; Warranty Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. AKITABOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AKITABOX MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE CONTENT OR THE SITE.

THE SITE AND ITS CONTENT MAY BE OUT OF DATE, AND AKITABOX MAKES NO COMMITMENT TO UPDATE THE SITE OR CONTENT. CONTENT AVAILABLE ON THE SITE MAY REFER TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY OR LOCAL AREA. CONSULT AKITABOX DIRECTLY FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT ARE CURRENTLY AVAILABLE TO YOU. WE EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM OR RELIANCE UPON THE USE OF THE SITE OR THE CONTENT BY ANY VISITOR OR THIRD PARTY.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SITE OR CONTENT WILL BE FREE OF VIRUSES OR MALWARE. AKITABOX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, MALWARE, OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE SITE OR ITS CONTENT. AKITABOX EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE, OR YOUR DOWNLOAD OF CONTENT FROM THE SITE.

8.      Limitation of Liability and Damages

IN NO EVENT SHALL AKITABOX, ITS AFFILIATES, VENDORS, LICENSORS, DISTRIBUTORS, SERVICE PROVIDERS, EMPLOYEES, OR AGENTS (“AKITABOX PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR THE RESULTS OF YOUR USE OF THIS SITE, ITS CONTENT, OR ANY WEBSITES LINKED TO THIS SITE, THE USE OF ADTECH ON THE SITE, OR THE SUBJECT MATTER OF THESE TERMS.

NOTWITHSTANDING THE FOREGOING, IF YOU HAVE A CLAIM AGAINST AKITABOX THAT ARISES FROM YOUR ACCES TO OR USE OF THE SITE, ITS CONTENT, USE OF ANALYTICS ON THE SITE, OR THE SUBJECT MATTER OF THESE TERMS, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AKITABOX EXCEED $100.

IN NO EVENT SHALL AKITABOX OR THE AKITABOX PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF AKITABOX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING PROVISION REGARDING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES DOES NOT APPLY TO NEW JERSEY RESIDENTS.

9.      Dispute Resolution – Good Faith Negotiations

We always prefer to resolve disputes by negotiating in good faith. Either party may attempt to resolve a dispute by providing the other party written notice if it cannot be resolved in the ordinary course of business. The receiving party shall respond to the notice in writing within 15 days. Within 30 days after delivery of the notice, the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for claims subject to injunctive or other equitable relief.

All offers, promises, conduct, and statements, whether oral or written, made in the course of the negotiations attempting to resolve a dispute by either party, their agents or attorneys, are confidential, privileged, and inadmissible for any purpose in litigation, arbitration or any other proceeding involving the parties.

10.    Governing Law; Venue; and Limitation of Actions

These Terms will be construed according to, and the rights of the parties will be governed by, the laws of the State of Wisconsin, without reference to its conflict of laws rules. The parties agree that all actions or proceedings arising in connection with these Terms shall be tried and litigated exclusively in the state or federal courts located in Madison, Wisconsin. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, these Terms in any jurisdiction other than that specified in this Section. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or theory or to object to venue with respect to any proceeding brought in accordance with this Section. No action, regardless of form, arising out of these Terms, may be brought by either party more than one (1) year after the cause of action has arisen. THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE, INCLUDING THE RESIDENTS OF NEW JERSEY.

11.     Location of Processing and Product Availability

AkitaBox administers and operates the Site from Madison, Wisconsin, USA, however, the Site may be hosted at other locations in the United States or outside of the United States by third party service provides or cloud services. Although the Site may be accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. AkitaBox reserves the right to limit, in its sole discretion, the provision of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

12.    Career Opportunities

You may use the Site to submit a job application to AkitaBox. You warrant that all information contained in your job application, any resume or other materials you submit to AkitaBox is current, accurate, and complete. Your submission of a job application, resume or other materials does not in any way require AkitaBox to review those materials or consider you for employment. Career opportunity descriptions on the Site are subject to change at our sole discretion without notice.

13.    Links to Other Websites and Resources

We provide links to third-party websites from our Site as a convenience to our visitors. If you use these links, you will leave this Site. AkitaBox has not reviewed those third-party websites, does not control, and is not responsible for any of those websites or their content. AkitaBox does not endorse or make any representations about such third-party websites, or any information, software, content or other products or materials available on those third-party websites. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.

14.     Termination

Your failure to comply with these Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. You agree that we shall not be liable to you or any third party for any termination of your access to the Site, the Content, or your account. Your obligations to AkitaBox and its affiliates and third party service providers relating to your use of the Site or products purchased on or through the Site prior to termination shall continue after termination.

15.    General Provisions

Additional Terms.

Additional terms may apply to certain products or features of the Site. If there is a conflict between these Terms and any additional terms, the additional terms will control.

Entire Agreement.

These Terms set forth the entire agreement between the parties with regard to the subject matter hereof. Other than as specified herein, no other agreements, representations, or warranties have been made by either party to the other with respect to these Terms.

No Third Party Beneficiaries.

There are no third party beneficiaries to these Terms.

Assignment.

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent, which may be withheld in our sole discretion.

Severability.

If any of the provisions of these Terms are found or deemed by a court to be invalid or unenforceable, they will be severable from the remainder of these Terms and will not cause the invalidity or unenforceability of the remainder of these Terms.

Waiver.

No waiver by AkitaBox of any term or condition set forth in these Terms shall be deemed a waiver of such term or condition or any other term or condition, and any failure of the AkitaBox to assert a right under these Terms shall not constitute a waiver of such right.

Survival.

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site and the Content.

Notices and Electronic Communications.

All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. These Terms and any other documentation, agreements, notices, or communications between you and AkitaBox may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Contact Us.

If you have any questions, comments, or concerns about these Terms, AkitaBox, or our products, please contact us using the one of the following methods:

Email: [email protected]

Phone: 1-628-400-1778

Mail:
AkitaBox, Inc.
Attn: Chief Operating Officer
316 Washington Avenue, Suite 650
Madison, WI 53703