Terms of Use

ACUITY SYSTEMS, INC.
TRAITWARE™ TERMS OF USE
JULY 3, 2013

All materials contained on the TraitWare website, mobile app, or any other website, or software application published by Acuity Systems, Inc., (DBA) TraitWare, are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written consent of the publishers or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content. However, you may download material from the TraitWare website for your personal, noncommercial use only. Links to Web sites other than those owned by Acuity Systems, Inc. are offered as a service to readers. Additional Legal documents include:

  • Terms of Service you must adhere to while using this site
  • Compliance with the Digital Millennium Copyright Act

Terms of Use

This TraitWare website and mobile application and all of its information (the “Website”) are provided to you under these “Terms of Use” and any amendments to these Terms of Use that may be posted by TraitWare from time to time (collectively, the “Terms of Use”). BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE AND/OR ANY RELATED WEBSITES, MOBILE APPS, ETC., PROVIDED BY Acuity Systems, Inc., YOU AGREE TO BE BOUND BY THE TERMS OF USE. With respect to the use and contents of this Website, the Terms of Use constitute the entire agreement between you and Acuity Systems, Inc. and supersede any prior Terms of Use between you and Acuity Systems, Inc.

Privacy

Acuity Systems, Inc., is committed to protecting your privacy. The information that we obtain through your use of the site, mobile app, services, or any registration process or otherwise, is subject to our Privacy Policy. When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within for the purposes of securing your device, or securing transactions you have initiated. We will not share your current location with other users or partners.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

Modification of these Terms of Use

Acuity Systems, Inc., may make changes to these Terms of Use from time to time in its sole discretion, and will post any such changes on the Website. Your continued use of the Website constitutes your acceptance of any such changes.

Modification or Suspension of the Website, or mobile app

You agree that Acuity Systems, Inc., may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of this Website, mobile app, or any part thereof, temporarily or permanently, without notice to you, for which Acuity Systems, Inc., shall not be liable to you.

Intellectual Property Information

No part of the content or information included in the TraitWare site, or mobile app, may be reproduced, retransmitted or otherwise redistributed in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, re-keying, or using any information storage and retrieval system, without the prior written permission of Acuity Systems, Inc. Except as expressly provided herein, Acuity Systems, Inc., and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Those areas of this website that you access by using a password, access code or personal identification number contain information and content that is proprietary and confidential to Acuity Systems, Inc (“Confidential Information”). By accessing those areas, you agree to keep Confidential Information confidential and to not use Confidential Information for any purpose not authorized by your written Terms of Use with TraitWare. All trademarks used at this website are the property of their respective owners. All site content is copyright © 2013 Acuity Systems, Inc. All rights reserved.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, OR MOBILE APP IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACUITY SYSTEMS, INC., EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACUITY SYSTEMS, INC. DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES TRAITWARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, AS TO THE QUALITY OF ANY PRODUCTS, WEBSITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR AS A RESULT OF THE WEBSITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND 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 ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAITWARE OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ACUITY SYSTEMS, INC., OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO COMPANY OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF ECONOMIC ADVANTAGE, BUSINESS, OR PROFITS), IN CONNECTION WITH OR ARISING OUT: (1) THE DEFICIENCY OR INADEQUACY OF THE WEBSITE OR SERVICE FOR ANY PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO COMPANY; (2) THE USE OR PERFORMANCE OF THE WEBSITE OR SERVICE OR ANY FILES, DATA OR COMPUTER SYSTEMS RELATED THERETO OR USED IN CONNECTION THEREWITH; (3) ANY INTERRUPTION OR LOSS OF SERVICE OR USE OF THE WEBSITE OR SOFTWARE, OR ANY FILES, DATA, OR OTHER COMPUTER SYSTEMS; OR (4) ANY WEBSITE OR SERVICE FAILURE, WHETHER OR NOT ACUITY SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY (WHETHER IN CONTRACT OR IN TORT, INCLUDING STRICT TORT LIABILITY, OR BASED ON A WARRANTY) UNDER WHICH THE LIABILITY MAY BE ASSERTED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Acuity Systems, Inc., TraitWare, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorneys’ fees, made by any third party due to, arising out of or related to your use of the Website, mobile app, content you submit, post or transmit through the Website, your violation of the Terms of Use or any rights of another, or your connection to the Website, or mobile app.

Limitations on Use of Information

This site may be linked to other sites that are not under the control of and are not maintained by TraitWare and/or Acuity Systems, Inc. TraitWare is not responsible for the content of those sites. TraitWare is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement of, sponsorship of, or affiliation with the linked site by TraitWare.

Security

You are prohibited from unauthorized access or attempts at unauthorized access to the password-restricted portions of the TraitWare website. This includes violating or attempting to violate the overall security of the Website, including, without limitation, (a) obtaining or attempting to gain access, to data that is not intended for you or obtaining unauthorized access by logging into a server or account that you have not been duly authorized to access by TraitWare, (b) to gain access to a system or network without proper authorization by any unauthorized means, or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the portal, overloading, “flooding,” “mailbombing,” or “crashing,” or (d) sending unsolicited e-mail, including promotions and/or advertising, etc., or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Any violation of these security rules may result in civil or criminal liability. TraitWare will investigate occurrences of security violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to conflict of laws provisions. You and TraitWare agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California.

Miscellaneous

If any provision of these Terms of Use is found by a court or other binding authority to be invalid, every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Terms of Use shall continue in full force and effect.

Any failure by TraitWare to enforce or exercise any provision of this Terms of Use or related right shall not constitute a waiver of that right or provision.

Privacy Policy

TraitWare takes your privacy seriously and makes every effort to protect your confidentiality. This policy tells you how we collect and treat personally identifiable information from you and how we use it when you use TraitWare services. If you would like to receive a copy of our Privacy Policy, please email privacy@traitware.com.

Information Collection and Use

TraitWare may collect personally identifiable information when you, your employer or responsible entity establishes an account, when you register for an associated TraitWare account, mobile app, or when you use TraitWare services, including its website. TraitWare may also receive personally identifiable information from our business partners. We may also ask you for information about your preferences and future needs so we can improve our services. TraitWare may collect nonpublic personal information about you from your employer or responsible entity, such as information that you provide to them on applications or other forms. When you register with TraitWare, we obtain personally identifiable information, including your contact and billing information, job title, phone number, physical address, e-mail address, occupation and industry. When you sign in and use TraitWare services, you are not anonymous to us. TraitWare receives and records information on our server logs from your browser, including your IP address and TraitWare cookie information. TraitWare accesses information from your contacts, music player song list and other “user created content,” to differentiate each end user from the rest of the digital world and to create a secure token based on a digital identification of your device. TraitWare accesses the aforementioned information only after asking for and receiving your permission at time of registration.

Information Use

TraitWare uses personally identifiable information to provide services that are customized for your use. We use personally identifiable information to analyze our site and service usage, improve our site and service offers. We may use personally identifiable information to deliver information to you and to contact you regarding administrative notices. Also, we may use personally identifiable information to resolve disputes, troubleshoot problems and enforce our agreements with you or your responsible entity, including our Customer Service Agreement, Terms of Use, End User License Agreement and this Privacy Policy. In addition, we use aggregate user information, which combines your personal and usage information with the information of other users into a statistical abstract. This aggregated information does not contain personally identifiable information. We use this aggregate information to improve our products and services and may share it with our partners or other third parties to provide security services.

Information Sharing and Disclosure

TraitWare will not sell or rent the identifiable information of your organization or your personally identifiable information to anyone. TraitWare may provide some of its services through contractual arrangements with affiliates, service providers, partners and other third parties. TraitWare and its service partners may use your personally identifiable information to operate and deliver their services. However, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.

TraitWare may disclose nonpublic personal information about you to non-affiliated third parties as permitted by law, such as when:

  • We have your consent to share the information;
  • We need to share your information to provide the product or service you have requested;
  • We respond to subpoenas, court orders or legal process; or
  • We find that your actions using our services violate the Terms of Use or the End User License Agreement.

Cookies

TraitWare may set and access TraitWare cookies on your computing device. Cookies are small data files that are stored on your computer’s hard disk. They make our service more useful by storing information about your preferences and settings. TraitWare may also use web beacons to access our cookies within and outside our network of web sites and in connection with TraitWare products and services.

Confidentiality and Security

TraitWare has technological and operational security functions in place to protect personally identifiable information from loss, misuse, alteration or destruction. We restrict access to your personally identifiable information to those employees who are authorized to provide services to you. Our employees who have access to your personally identifiable information have agreed to maintain the confidentiality of such information. We use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our services.

Service Description

TraitWare provides multi-factor authentication services. It works by authenticating the end user and certain “user created content,” which can be used to make future transactions and interactions faster. The user will login with their user name and “PhotoAuth” sign-in. If the correct device credentials are provided, TraitWare may send a QR Code, One Time Password, or SMS message to the TraitWare mobile app for authentication to a secure web site for entry. TraitWare may also push notifications to the end user regarding credit card, or other transactions that are being processed, requesting an answer in the form of “Accept, Decline, or Hold” transaction.

SMS Authentication

  • Messaging Services – TraitWare initial sign up will require a One Time Password, or OTP, to be sent to your mobile device. This will be in the form of an SMS text messages that will be sent from The TraitWare Authentication Servers
  • Cost – To use TraitWare SMS Authentication, message and data rates may apply. Charges are dependent on your service plan, which may include fees from your carrier to send and receive text messages.
  • Message Frequency – TraitWare sends one message in response to each authentication attempt. TraitWare will not send you any unsolicited messages.
  • Opting Out – You can opt-out of all TraitWare programs at anytime by emailing STOP to support@traitware.com. A confirmation message will be sent back to you.
  • Support – To request support at anytime email support@traitware.com

Authentication Credentials

You should never disclose your authentication credentials (password, PhotoAuth Key, etc.) to any third parties. If you lose control of your authentication credentials, you may compromise your personally identifiable information and may be subject to legally binding actions taken on your behalf. If your authentication credentials have been compromised for any reason, you should immediately change them.

Changes to this Policy

TraitWare reserves the right to amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by email or posting a prominent announcement on our website.

Questions or Suggestions

If you have questions or suggestions, please contact us at: privacy@traitware.com

Digital Millennium Copyright Act Notice

THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF ACUITY SYSTEMS, INC. WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.

Please refer to the following detailed instructions, which must be followed to protect your rights under the Digital Millennium Copyright Act.

Infringement Notification

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Your communication must include substantially all of the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
  6. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Send the written communication to:
 Acuity Systems, Inc., 208 W Main St., #3, Visalia, CA 93291

Counter Notification

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

Account Termination

Acuity Systems, Inc. will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact TraitWare, and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.