By viewing, using, or otherwise interacting with this Website or any materials available for download from such Website, you agree to be bound by these Terms. We hope that nothing herein will be objectionable to you, however, if you do not agree to any of these Terms, please do not continue to use the Website.
This Website, including its functions, is owned and operated by 20spokes, LLC, D/B/A EngageUAT ("EngageUAT" or "we" or "us" or a similar designation). All right, title and interest in and to the materials displayed, published, downloaded, or otherwise provided on or by the Website or through EngageUAT, including but not limited to information, documents, logos, graphics, sounds, images, and other content (collectively, the "Materials") are owned by EngageUAT or by its respective third-party licensors except with respect to certain content submitted to this Website via Member Activities as described below. Except as otherwise expressly permitted by EngageUAT in writing, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Website shall be construed to confer any license to such effect or to any of EngageUAT's intellectual property rights in the Materials or the Website, whether by estoppel, course of dealing, or otherwise. Please contact EngageUAT by email at info@EngageUAT.com if you have any questions about obtaining a license to use the Materials for any purpose other than as expressly permitted by these Terms. Any rights not expressly granted herein are reserved by EngageUAT.
We may revise these Terms ("Revised Terms") at any time without notice to you by posting Revised Terms on the Website. Such Revised Terms shall be effective as to all use of the Website, including with respect to existing registered user (“Member”) accounts ("Accounts"). Revised Terms shall be effective upon posting, and your sole remedy shall be to cease to use the Website. If you have any questions about any Revised Terms, please contact us by email at info@EngageUAT.com.
You further agree that EngageUAT may (but is not obligated), to in its sole discretion, without notice other than republication on the Website: (i) modify from time to time the design and functionality of the Website and all services we offer; (ii) edit, modify, or remove certain Materials; or (iii) otherwise modify or remove any content, service, feature, or other aspect of the Website or the Materials.
(a) EngageUAT is a Chicago-based startup that has developed a SaaS(Software as a Service) solution that companies manage their user acceptance testing.
(b) Membership Required: To utilize certain features of this Website (creating and running tests, entering data, etc.) you must become a Member by creating an Account. To create an Account, you must complete our registration process by accurately completing one or several registration form(s) (the "Registration Form"). When you register an Account and become a Member, you must submit and maintain current and accurate Account information, including but not limited to a working e-mail address that will serve as our primary form of communication with you (the "Registered Address"). You warrant and represent that the information you submit to us is true and accurate. Your failure to submit true and accurate information may result in termination of your Account, and EngageUAT reserves all remedies with respect to any false information submitted to us and this Website.
(c) Technical Requirements of Membership: In order to use the Website and access your Records, you will need computer hardware that—at a minimum—has the technical capacity to use commonly available and generally supported web browser types and versions (the "Minimum Technical Specifications"). We may reasonably modify Minimum Technical Specifications from time to time by posting Revised Terms. If at any time your equipment does not meet Minimum Technical Specifications, we may terminate your Account.
(d) Membership to this Website is not intended for individuals under the age of 18. If you are under the age of 18, please do not use this Website.
(a) General: This Website offers certain interactive functions to Members, such as managing Projects, Users, Tests, etc.
(b) Your Account Information Should Be Kept Secret: Please be sure to keep your Account Information, including but not limited to your log-in information, secret since unauthorized access to your account may result in charges for transactions that you did not intend to incur and for which you will be held responsible. We strongly suggest that you do not grant anyone else access to your Account. However, should you choose to authorize a third-party to use your Account, you expressly agree to cause all other users of your Account and abide by these Terms. You will be held liable for all Account use or misuse under your login credentials. EngageUAT will never email you a request to disclose your account information via email or email you links at which you will be prompted to submit the same. It is always best for you to type in the URL for any website, including the Website, directly into your browser.
(c) Prohibited Activities: You may not engage in any activities (the "Prohibited Activities") which are malicious, intrusive, invasive, illegal, and/or infringing, or in violation of these Terms, including but not limited to: (i) mining for email addresses or other contact information; (ii) sending or posting unsolicited marketing or sales solicitations or spam; (iii) contacting anyone with whom you do not have a preexisting relationship (other than as participants in the ordinary course of using this Website); (iv) impersonating another person or entity; (v) misrepresenting your role with any organization; (vi) attempting to discern the log-in credentials or Account information of another Member; (vii) threatening, harassing, intimidating, or embarrassing another Member; (viii) selling or distributing email addresses or other contact information except with the owners' express written consent; (ix) submitting or posting any unlawful, tortious, harassing, abusive, fraudulent, misleading, infringing, obscene, defamatory, or otherwise inappropriate content (in the sole discretion of EngageUAT); (x) distributing malicious technologies such as viruses, malware, spyware, or adware; (xi) perpetrating hoaxes or pyramid schemes; (xii) encouraging unlawful or inappropriate behavior; (xiii) posting the intellectual property owned by another without permission; (xiv) interfering with another's use or enjoyment of this Website; (xv) attempting to hack, trespass, or acquire unauthorized access to any portion of this Website, including but not limited to, any servers, networks, third-party hosts, and/or comparable equipment in connection thereto; (xvi) attempting to interrupt this Website's normal functionality, including but not limited to, a distributed denial-of-service attack or related, disruptive interactions; and/or (xvii) establishing any replica of any portion of this Website without the express, written consent of EngageUAT, including but not limited to, "phishing" or "pharming" sites.
(d) EngageUAT's Editorial Rights: EngageUAT may modify, redact, and/or delete any and all content submitted to the Website by any users—including, without limitation, content that does not fall within the specific description of "Prohibited Activities" as set forth above.
(e) Prerequisites To Your Submissions:
i. We do not want you to submit confidential, proprietary, and/or infringing information to this Website or to us. All comments, feedback, information or material submitted to EngageUAT shall be considered non-confidential, except as otherwise stated and may be used by EngageUAT for any purpose, without further compensation to you. Such submissions may become publicly available, and you waive all rights associated therewith.
ii. Before you submit any information to this Website, you agree to take reasonable measures to verify that such information is true, inoffensive, and non-infringing upon the intellectual property rights of third-parties. You further agree to indemnify EngageUAT for any claims, losses, expenses (including reasonable attorney’s fees) and other damages suffered as a result of your violating this subsection.
EngageUAT reserves the right to terminate any Account or any person’s access to the Website at any time, for any reason, and without notice.
You may use and view the Materials solely for your personal, internal informational use, but never for republication or redistribution in any manner. You may not re-publish the Materials or make any Materials which are available only to Members available to any non-Members or other third-parties. The above constitutes the sole license, and your sole rights, to the Materials, and all other rights are retained exclusively by EngageUAT and/or its licensors. The above permission to use the Materials shall terminate automatically without notice upon any breach by you (or anyone else who has access to the Materials through you) of these Terms or any other terms of your Membership; or the termination of your Membership, as applicable.
These Terms and your rights and obligations with respect to your use of the Website or the Materials shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules.
Any legal action relating to these Terms or the Website, must be instituted in a state or federal court of competent jurisdiction only in Cook County, Illinois, to enforce a judgment, which may be brought where necessary, and we each agree to personal jurisdiction and exclusive venue in Cook County, Illinois.
These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through the Website or otherwise involving EngageUAT.
As you may be aware, certain laws require that information, such as legal notices and/or disclosures, relating to you be provided or made available in writing ("Records"). Your privilege of being a Member, holding an Account, and (as applicable) using the Website is conditioned upon your consent to EngageUAT's policy of providing only electronic Records, when required by applicable law, to your Registered Address. You further agree that if such electronic notice or other Records are sent by EngageUAT to your Registered Address, you are deemed to have received such notice in a legally effective manner. While generally you do have the right to have Records provided or made available on paper or in non-electronic form, and the right to withdraw your consent to have the Records provided or made available in electronic form, your sole method of withdrawing such consent is to cancel your Membership.
THIS WEBSITE AND ALL MATERIALS PROVIDED THEREON ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ENGAGEUAT DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE WEBSITE, PARTICIPATION IN THE WEBSITE AND/OR ENGAGEUAT OR MEMBER ACTIVITIES, OR USE OF THE MATERIALS IS SOLELY WITH YOU.
THE MATERIALS ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE ANY NUTRITIONAL, DIETARY, FINANCILAS, LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
ENGAGEUAT MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. ENGAGEUAT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. THE WEBSITE AND/OR MATERIALS ARE NOT MEANT FOR USE ON MISSION CRITICAL OR PUBLIC SAFETY EQUIPMENT.
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR ON THE WEBSITE, ENGAGEUAT SHALL NOT BE LIABLE FOR ANY REFUNDS, DAMAGES, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL ENGAGEUAT, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISED AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY OR OTHERWISE), OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF ENGAGEUAT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO ENGAGEUAT'S MAKING THE WEBSITE AND THE MATERIALS AVAILABLE TO YOU AND IN DETERMINING THE PRICING THEREOF.
ENGAGEUAT SHALL NOT BE LIABLE FOR OR IN RESPECT OF ANY BREACH OF THIS AGREEMENT OR ANY OTHER DAMAGE SUFFERED BY YOU DUE TO FORCES BEYOND THE REASONABLE CONTROL OF ENGAGEUAT OR ITS VENDORS OR OTHER ASSOCIATED PARTIES.
ENGAGEUAT IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO, THE FOLLOWING:
(A) DELIVERY AND/OR PICKUP OF ORDERS PLACED WITH VENDORS THROUGH THE WEBSITE; AND BOOKING OF ORDERS PLACED WITH VENDORS THROUGH THE WEBSITE;
(B)BILLING ISSUES FOR ORDERS WITH VENDORS THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, PRICES, DELIVERY OR OTHER FEES, TAXES, DISCOUNTS, COUPONS AND THE LIKE;
(C)DESCRIPTION OF PRODUCTS OR THE RELIABILITY THEREOF;
(D) INJURIES OR ILLNESS RESULTING FROM FOOD QUALITY, FOOD ALLERGIES OR OTHER SENSITIVITIES. ENGAGEUAT HAS NO CONTROL OVER THE PREPARATION, DESCRIPTION, OR DELIVERY OF FOOD OFFERED BY VENDORS;
(E) SYSTEM FAILURES, SYSTEM PROBLEMS, AND/OR TECHNICAL DIFFICULTIES.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to the Website's servers in a given period of time than a human would produce in the same period by using a conventional web browser. EngageUAT allows the operators of bona fide public search engines to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Website source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. EngageUAT reserves the right to revoke these exceptions either generally or opy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Website source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. EngageUAT reserves the right to revoke these exceptions either generally or opy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Website source, but not caches or archives of such materials, nor for redisplay on any website or other publns or your use thereof.
You agree to defend, indemnify and hold harmless EngageUAT, its officers, directors, members, managers, employees and agents from and against any and all third-party claims, liabilities, damages, losses, costs or expenses arising out of or relating to such claims, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your breach of these Terms; or (b) your access to or use of the Website and the Materials.