BEFORE USING THIS WEB SITE, APPLICATION OR ANY OF THE INFORMATION CONTAINED HEREIN PLEASE READ THE FOLLOWING CAREFULLY.
By using this FrontPack site or application you are indicating your express agreement to these Terms of Use, a printable copy of which may be found at http://www.thefrontpack.com/about/topic?id=termsofuse (hereinafter referred to as the "Terms"). If you do not agree to these Terms, please do not use this FrontPack site, the application nor any of the information presented herein and exit now.
The FrontPack, Inc. (“FrontPack”) may modify these Terms at any time, without prior notice, by updating the FrontPack page indicated above or thru updating to the application. Such revisions shall be effective immediately upon posting. Please check this page periodically for any changes. Your continued use of this FrontPack site or the application following the posting of any revisions to these Terms means You unconditionally accept all such changes.
This FrontPack site may also contain hyperlinks to materials prepared by third parties and/or available at other FrontPack sites. The inclusion of these hyperlinks does not necessarily indicate our affiliation with the hyperlinked entity and/or an endorsement of the information available at those FrontPack sites. No responsible is hereby assumed for any third-party content that is accessible through this FrontPack site.
THE INFORMATION AND MATERIALS PROVIDED VIA THIS WEB SITE OR THROUGH THE APPLICATION ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL FRONTPACK AND/OR ITS PRINCIPALS, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES, WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF DATA, EVEN IF FRONTPACK AND/OR ITS PRINCIPALS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. ALL VISITORS TO THIS WEB SITE SPECIFICALLY ACKNOWLEDGE AND ACCEPT THESE LIMITATIONS OF LIABILITY AND DISCLAIMER OF DAMAGES.
“Service” shall mean all interaction with the Frontpack’s web-page, interface, content, personnel, software, and/or application.
“Content” shall mean any and all information provided to or on the Service, Frontpack’s web-page, interface, content, personnel, software, application or any other related medium.
“Agreement” shall mean these “Terms of Use” and the aforementioned “Privacy Policy” as currently constituted, which may be updated from time to time and is posted on the https://www.thefrontpack.com/
“App” shall mean the Frontpack application for a mobile device.
“User”, “you” &/or “You” shall mean the individual utilizing the App and/or Service.
If you send any information through the Services provided via the FrontPack’s web site and/or App, please be advised that such communications may not be secure. Accordingly, please do not send sensitive or confidential information.
As an express condition to utilizing the Services the User hereby represents and warrants that
You agree that violation of these Terms of Use may, in Frontpack's sole discretion, result in termination of Your Frontpack account. You understand and agree that Frontpack cannot and will not be responsible for the Content posted on the Service and that Your use the Service is at Your own risk. If You violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Frontpack, Frontpack may stop providing all or part of the Service to You, without compensation.
Frontpack may use Google Maps API(s) and as such by using the service You agree to adhere to and comply with the spirt and letter of both https://developers.google.com/maps/terms and Google’s then-current Privacy Policy (at http://www.google.com/policies/privacy or such other URL as Google may provide).
THE SERVICE, INCLUDING, WITHOUT LIMITATION, FRONTPACK CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FRONTPACK NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "FRONTPACK PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE FRONTPACK CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FRONTPACK OR VIA THE SERVICE. IN ADDITION, THE FRONTPACK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE FRONTPACK PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE FRONTPACK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE FRONTPACK PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FRONTPACK PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE FRONTPACK PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL THE FRONTPACK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE FRONTPACK CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FRONTPACK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; AND/OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FRONTPACK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FRONTPACK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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. IN NO EVENT WILL THE FRONTPACK PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FRONTPACK'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FRONTPACK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FRONTPACK PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
FRONTPACK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom You operate an account or activity on the Service) agree to defend (at Frontpack's request), indemnify and hold Frontpack harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of Your direct activities on the Service or those conducted on Your behalf): (i) Your Content or Your access to or use of the Service; (ii) Your breach or alleged breach of these terms of use; (iii) Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by You. You will cooperate as fully required by Frontpack in the defense of any claim. Frontpack reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not in any event settle any claim without the prior written consent of Frontpack.
You agree that any claim You may have arising out of or related to Your relationship with Frontpack must be filed within one year after such claim arose; otherwise, Your claim is permanently barred
If You are using the Service on behalf of a legal entity, You represent that You are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between You and Frontpack and governs Your use of the Service, superseding any prior agreements between You and Frontpack. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Frontpack. Any purported assignment or delegation by You without the appropriate prior written consent of Frontpack will be null and void. Frontpack may assign these Terms of Use or any rights hereunder without Your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
Frontpack shall not be liable for any failure or delay in performing services or any other obligation under these Terms of Use, nor for any damages suffered by the User by reason of such failure or delay, which is, indirectly or directly, caused by an event beyond such Frontpack’s foreseeable control including but not limited to strikes, riots, natural catastrophes, terrorist acts, governmental intervention, or other acts of God, or any other causes beyond such Frontpack’s reasonable control.
These Terms of Use govern the relationship between Courion and Customer. No User or other person or entity not a Party to these Terms of Use shall be considered a third party beneficiary of these Terms of Use.
The illegality or unenforceability of any provision of these Terms of Use shall not affect the validity and enforceability of any legal and enforceable provisions hereof. Should any provision of these Terms of Use be deemed unenforceable by a court of competent jurisdiction then such clause shall be re-construed to provide the maximum protection afford by law in accordance with the intent of the applicable provision. Any provision contained herein, which by its nature should survive the termination of these Terms of Use shall survive.
These Terms of Use and all resulting claims and/or counterclaims shall be governed, construed, enforced, and performed in accordance with the laws of the Commonwealth of Massachusetts, USA, without reference and/or regard to its conflicts of laws principles. User hereby submits to the exclusive jurisdiction of the courts of Massachusetts and hereby waives any objections to venue with respect to actions brought in such courts.
All headings used herein are for convenience of reference only and are not a part of these Terms of Use, nor shall they in any way affect the interpretation hereof. If there is any conflict between these Terms of Use and any terms and conditions hereto, the order of precedence shall be that these Terms of Use shall supersede those terms in conflict.
The cartography contained in the application is licensed as CC BY-SA, (c) OpenStreetMap contributors (www.openstreetmap.org/copyright ), and (c) Thunderforest ( www.thunderforest.com ). Content provided to you through the Service may contain the Brand Features of Google, its strategic partners, or other third-party rights.
Except as otherwise indicated, this FrontPack site, the application and its entire contents (including, but not limited to, the text, information, software, graphics, images, sound, animation and any other content) are owned by The Frontpack, Inc. or the respective third-parties and are protected by domestic and international copyright, trademark and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this FrontPack site and the application are Copyright © 2014 - 2016 The FrontPack, Inc. All rights reserved.