Allegiant Solutions Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE.
This Service is offered to you conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the www.allegiantsolutions.com Website (the “Site”) by the Company (collectively, the "Terms"). The following Terms govern your access to and use of the Service. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
If User is using the Service on behalf of User's employer, User represents that it is authorized to accept these Terms on its employer's behalf. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Company resources and services. In the case of any violation of these rules and regulations, the Company reserves the right to seek all remedies available by law and in equity for such violations.
2. MODIFICATIONS TO THE SERVICE.
Allegiant Solutions may amend these Terms at any time by; (1) posting a revised Terms of Service document on https:// www.allegiantsolutions.com, and/or; (2) sending information regarding the Terms amendment to the email address YOU provide to Allegiant Solutions. YOU are responsible for regularly reviewing the www.allegiantsolutions.com site to obtain timely notice of such amendments. YOU manifest intent to accept these amended terms if YOU continue to use YOUR membership account after such amended terms have been posted or information regarding such amendment has been sent to YOU. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Allegiant Solutions reserves the right to modify or discontinue the Product with or without notice to YOU. Allegiant Solutions shall not be liable to YOU or any third party should Allegiant Solutions exercise its right to modify or discontinue the Product.
3. MODIFICATION OF USER RATES.
The Company reserves the right, in its sole discretion, to change User pricing upon thirty (30) days notice.
4. MEMBERSHIP AND SUBSCRIPTION; PRICING.
As a paying subscriber (Member) to the Service, you will have the ability to participate in all of the features and services available within the Service. In order to access additional features and services, including the ability to communicate with other Members, you must become a paying subscriber to the Service. Please see Pricing for a description of the current subscription plans and their prices. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. For purposes of this Agreement the term "Member" includes subscribers, unless where its usage indicates otherwise.
5. TERMINATION
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by sending AllegiantSolutions.com written notice of termination to Allegiant Solutions, LLC, P.O. Box 42, Sahuarita, AZ, 85629 or email notice of termination to billing@allegiantsolutions.com.
Should YOU object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, YOUR sole recourse is to immediately: (1) discontinue use of the Product; (2) terminate YOUR membership; and (3) notify AllegiantSolutions.com of termination. Upon termination of membership, YOUR right to use the Product immediately ceases.
AllegiantSolutions.com may immediately terminate YOUR membership and right to use the Product if: (1) YOU breach these Terms; (2) AllegiantSolutions.com is unable to verify or authenticate any information YOU provide to AllegiantSolutions.com; (3) such information is inaccurate; or (4) AllegiantSolutions.com decides, in its sole discretion, to discontinue offering the Product. AllegiantSolutions.com shall not be liable to YOU or any third party for termination of the Product. AllegiantSolutions.com may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to AllegiantSolutions.com.
6. REFUND POLICY
If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). If AllegiantSolutions.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of AllegiantSolutions.com. AllegiantSolutions.com is not required to provide you notice prior to terminating your membership and/or subscription. AllegiantSolutions.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7. SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT.
AllegiantSolutions.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay AllegiantSolutions.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize AllegiantSolutions.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. AllegiantSolutions.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
a. General. AllegiantSolutions.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay AllegiantSolutions.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize AllegiantSolutions.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. AllegiantSolutions.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
b. Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. ALLEGIANTSOLUTIONS.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY ALLEGIANTSOLUTIONS.COM) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE ALLEGIANTSOLUTIONS.COM REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT billing@allegiantsolutions.com.
c. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY ALLEGIANTSOLUTIONS.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CONTACTING billing@allegiantsolutions.com. IF YOU FAIL TO PROVIDE ALLEGIANTSOLUTIONS.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT ALLEGIANTSOLUTIONS.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY ALLEGIANTSOLUTIONS.COM).
d. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If AllegiantSolutions.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
e. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and AllegiantSolutions.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that AllegiantSolutions.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
f. Auto-renewal. Your AllegiantSolutions.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, contact billing@allegiantsolutions.com. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
g. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that AllegiantSolutions.com is authorized to charge your Payment Method. AllegiantSolutions.com may submit those charges for payment and you will be responsible for such charges. This does not waive AllegiantSolutions.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
h. Free Trials and Other Promotions. AllegiantSolutions.com reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. We encourage the use of our service through free trials. To view the specific details regarding free trial, if any, please visit the Pricing page. The Free Trial offer associated with AllegiantSolutions.com entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms can vary by promotional offer.
8. USER CONDUCT AND PROPRIETARY RIGHTS
a. No Resale or Commercial Use of the Product. YOUR right to use the Product is personal to YOU. YOU may be either an individual or a corporation or business entity, but YOU agree not to resell the use of the Product, any downloadable plug-in or other materials or any information obtained by YOU without the express written consent of Allegiant Solutions.
b. Conduct. YOU are solely responsible for the content of YOUR transmissions through the Product. AllegiantSolutions.com does, however, reserve the right to take any action with respect to the Product that AllegiantSolutions.com deems necessary or appropriate in Allegiant Solutions' sole discretion if AllegiantSolutions.com believes YOU or YOUR transmissions or use of the Product may create liability for Allegiant Solutions. YOUR use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). YOU agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to interfere or disrupt networks connected to the Product; (4) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Product, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. YOU will not attempt to gain unauthorized access to other computer systems and YOU will not interfere with another user's use and enjoyment of the Product.
c. Proprietary Rights. In accordance with YOUR authorized use of the Product, AllegiantSolutions.com grants YOU a limited license to use the AllegiantSolutions.com service offered by Allegiant Solutions. YOU acknowledge that AllegiantSolutions.com service is proprietary to Allegiant Solutions and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, YOU are only permitted to use this service as expressly authorized by the Product and these Terms.
Further, Allegiantsolutions.com, Allegiant Solutions and the Allegiant Solutions logo, and other names, logos, icons and marks identifying Allegiant Solutions' products and services are trademarks of Allegiant Solutions, LLC and may not be used without the prior written permission of Allegiant Solutions, LLC. YOU may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the license granted to YOU (in whole or in part) or create derivative works of this service without expressly being authorized to do so by Allegiant Solutions, LLC. If YOU are not the purchaser of the service from AllegiantSolutions.com, YOU are not authorized to use the service. Further, YOU may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code. All rights not expressly granted in these Terms are reserved to Allegiant Solutions.
9. PRIVACY.
AllegiantSolutions.com’s use of any personal information YOU provide to it is set out in AllegiantSolutions.com’s current Privacy Policy.
10. PASSWORD AND SECURITY.
As part of the registration process, YOU will be provided a user name and password. YOU will be able change YOUR passwords for access to this account and to YOUR designated users. YOU agree to carefully safeguard all of YOUR passwords. YOU are solely responsible if YOU do not maintain the confidentiality of passwords and account information. Furthermore, YOU are solely responsible for any and all activities that occur under YOUR account. YOU agree to immediately notify AllegiantSolutions.com of any unauthorized use of YOUR account or any other breach of security known to YOU, including if YOU believe that its password or account information has been stolen or otherwise compromised.
11. LINKS.
Links provided on this site are provided solely as a convenience to you and the provision of any such link does not constitute our endorsement of that site or its provider or of any of the content, products, or services contained or offered therein. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. You further agree that we have no liability whatsoever from such third party sites and your usage of them.
12. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. ALLEGIANT SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLEGIANT SOLUTIONS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES ALLEGIANT SOLUTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLEGIANT SOLUTIONS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ALLEGIANT SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF ALLEGIANT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALLEGIANT SOLUTIONS' LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. NO RESALE OF THE SITE.
User agrees not to reproduce, duplicate, copy, sell resell, exploit or make any commercial use of or access to the Service, without the express written consent of the Company.
15. LAWFUL USE.
User agrees that use of the site is subject to all applicable national, state, and local laws and regulations, and that User is solely responsible for the contents of its communications through the service. User agrees that it shall not distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (1) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates the Company' rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, facsimiles, any other form of unauthorized solicitation, or any form of lottery or gambling; (5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (6) impersonates any person or entity, including any of our employees or representatives.
16. INDEMNITY.
YOU hereby agree, at YOUR expense, to indemnify, defend and hold Allegiant Solutions, LLC and AllegiantSolutions.com harmless from and against any loss, cost, damages, liability or expense arising out of or relating to: (1) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by YOU; (2) any fraud or manipulation, or other breach of these Terms by YOU; or (3) any third-party claim, action or allegation brought against Allegiant Solutions, LLC or AllegiantSolutions.com arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
17. SEVERABILITY.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. The Company’s failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches.
18. CONFIDENTIALITY.
Through use of the Service and/or Site, the Company may disclose or make available to the User Confidential Information (as defined below) in connection with the activities contemplated hereunder. User agrees that during the Term of this Agreement and thereafter: (1) it shall provide at a minimum the same care to avoid disclosure of unauthorized use of confidential information as is provided to provide its own similar information, but in no event less than a reasonable standard of care; (2) it will use Confidential Information belonging to the other solely for the purposes of this Agreement and (3) it will not disclose Confidential Information belonging to the Company to any third party (other than its employees and/or consultants reasonably requiring such Confidential Information for purposes of this Agreement who are bound by obligations of nondisclosure and limited use at least as stringent as those contained herein) without the express prior written consent of the Company. User will promptly return to the disclosing Party upon request any Confidential Information of the Company. The Company will not monitor, edit, disclose, sell, rent, license, exchange, or release any of your personally identifiable information without your explicit consent unless the Company has reason to believe that disclosing this information is necessary: (1) to conform to the edicts of law or comply with legal process served on the Company; (2) to prevent injury to or interference with (either intentionally or unintentionally) the Company rights or property, other the Company users, or anyone else that could be harmed by such activities; or (3) to act under exigent circumstances to protect the personal safety of the users or the public. If the Company transfers assets or has any change in control, user information may be transferred to the entity that acquires such assets or control of the Company.
For purposes of this Agreement, "Confidential Information" means, with respect to the Company, any and all information in written, representational, electronic, verbal or other form relating directly or indirectly to the present or potential business, operation or financial condition of the Company (including, but not limited to, information identified as being proprietary and/or confidential, pricing, marketing plans, customer and supplier lists, service data, and any information which might reasonable be presumed to be proprietary or confidential in nature) excluding any such information which: (1) is known to the public (through no act or omission of the Company in violation of this Agreement); (2) is lawfully acquired by the Company from an independent source having no obligation to maintain the confidentiality of such information; (3) was known to the Company prior to its disclosure under this Agreement; (4) was independently developed by the Company; or (5) is required to be disclosed by governmental or judicial order.
19. GOVERNING LAW.
These Terms are governed in all respects by the laws of the State of Arizona as such laws are applied. Both parties submit to personal jurisdiction in Arizona and further agree that any cause of action relating to these Terms shall be brought in a court in Pima County, Arizona. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. AllegiantSolutions.com's failure to act with respect to a breach by YOU does not waive AllegiantSolutions.com's right to act with respect to subsequent or similar breaches. YOU may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. AllegiantSolutions.com shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond AllegiantSolutions.com's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered: (1) by hand; (2) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (3) by overnight courier or (4) by electronic mail with confirming letter mailed under the conditions described in (2). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral. YOU understand and agree that YOU are solely responsible for periodically reviewing the Terms of Service. YOU must report any violations of these Terms. To do so, send an email to info@allegiantsolutions.com for assistance.
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