- Restrictions on Use of Site
The Site is provided by Fingertech and available only to entities and persons over the age of legal majority and capable of entering into a legally binding agreement under applicable law. If you do not qualify, you are not permitted to use the Site.
In addition to other restrictions set forth in these Terms, you agree that:
- You shall not disguise the origin of information transmitted through the Site.
- You will not place false or misleading information on the Site.
- You will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by Fingertech.
- You will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or the Site, that infringes the intellectual property rights of another, or otherwise impairs the ability of other users to access or use the Site.
- Certain areas of the Site are restricted to customers of Fingertech.
- You may not use or access the Site in any way that, in Fingertech’s judgment, adversely affects the performance or function of the Site, or the services offered via the Site, or interferes with the ability of authorized parties to access or use the Site, or the services offered via the Site.
- Fingertech gives you permission to view, copy, print, and distribute Fingertech’s informational material appearing on this Site, subject to other restrictions set forth in these Terms, and the following conditions:
- Site code, including source code for any applications, functionality or features offered via the Site, is expressly excluded.
- Material may be used only for your internal, informational, non-commercial purposes.
- Any copy of the material, or portion thereof, must attribute ownership of all intellectual property rights to Fingertech or the rightful owner.
- You may establish a hypertext link to the Site from your website so long as the page containing the link properly attributes the linked site to Fingertech and does not in any way imply Fingertech’s sponsorship of your site. However, you may not, without obtaining Fingertech’s written permission, republish, redistribute or otherwise make any copies of the materials on the Site as a part of the link, including by framing or similar means, or otherwise.
- No other use of the material within this Site or portion thereof is permitted without the express written consent of Fingertech.
- Scope and Applicability
These Terms govern your access and use of the Site, including all applications and functionality available via the Site, except to the extent such access or use is the subject of a separate agreement, in which case additional terms or agreements may apply to the access or use of certain services or functionality provided by Fingertech via the Site.
- Modification of Site and Terms
Fingertech may, in its sole discretion, modify or amend these Terms, in whole or in part, at any time. Fingertech, in its sole discretion, may also modify, supplement, delete or update, without notice, any aspect of the Site, in whole or in part, at any time. Your continued use or access of the Site after any changes to these Terms or changes to the Site shall signify your acceptance of those changes.
- License and Ownership
The Site is the sole property of Fingertech. Any and all rights, including, without limitation, intellectual property rights, associated with the Site, including, without limitation, rights to its content, code, and applications, are the sole property of Fingertech, its affiliates or third parties. The Site is protected by trademark, copyright, other intellectual property and other laws in both the United States and other countries.
Except as otherwise expressly authorized by these Terms, by applicable law, or by a separate agreement governing the services provided to you by Fingertech, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any portion of the Site in any way without Fingertech’s or the appropriate third party’s prior written permission. Except to the extent allowed by applicable law, you agree that you shall not reverse-engineer or attempt to reverse-engineer any portion of the Site. Except as expressly provided herein, Fingertech does not grant to you any express or implied rights to the Site or to Fingertech’s or any third party’s intellectual property.
Fingertech grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site only in the manner presented by Fingertech, and only for the purposes intended by Fingertech. Except for this limited license, Fingertech does not convey any interest in or to the Site or any other Fingertech property by permitting you to access or use the Site.
- Content and Liability Disclaimer
Fingertech uses reasonable efforts to include accurate, complete and current information on this Site. However, Fingertech does not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it.
THIS SITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THIS SITE IS AT YOUR OWN RISK. FINGERTECH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FINGERTECH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY FINGERTECH IN THESE TERMS OR IN A SEPARATE AGREEMENT BETWEEN YOU AND FINGERTECH.
FINGERTECH, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF FINGERTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
- Submissions or Contributions
Any comments, suggestions or other information you send to Fingertech is provided without restriction or obligation on Fingertech and (a) will not be considered confidential or proprietary, (b) Fingertech and its affiliates are under no obligation to keep such information confidential, and (c) Fingertech will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such submissions in any manner it chooses.
- Consent to Monitoring
Fingertech is under no obligation to monitor the material residing on or transmitted to this server. However, anyone using this server agrees that Fingertech may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests, or (2) to operate the server properly or to protect itself and its users. Fingertech reserves the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.
Fingertech systems and applications with access control may be used ONLY by authorized users. User processing activities will be monitored for administrative and security purposes. Anyone using these systems or applications expressly consents to such monitoring and to the use of any evidence of unauthorized access, use or modification for criminal prosecution.
- Compliance and Conduct
You agree to use the Site in strict compliance with all applicable laws, rulings and regulations and in a manner that does not, in Fingertech’s sole judgment, negatively reflect on the goodwill or reputation of Fingertech. You further agree that you shall take no actions which would cause Fingertech to be in violation of any laws, rulings or regulations applicable to Fingertech. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site. You agree not to use the Site in any manner that might interfere with the rights of third parties.
- Jurisdiction and Governing Law
EXCEPT AS OTHERWISE AGREED UPON, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE STATE OF KANSAS, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
To the fullest extent permitted by law, these Terms are governed by the internal substantive laws of the State of Kansas, U.S.A., excluding Kansas’s conflicts of laws principles.
You agree to indemnify, defend and hold harmless Fingertech, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or any violation by you of these Terms.
- Account Signup and Security
If you sign up for an account on the Site, you agree to provide, truthfully and accurately, all information requested by Fingertech during the signup process. This information is required by Fingertech to verify your identity, to establish your account, and to set up any services you may obtain. If Fingertech, in its sole judgment, has any reason to doubt the accuracy or legitimacy of the information provided, or has any reason to doubt that the information provided is sufficient to verify your identity, Fingertech may deny you an account, terminate or suspend your existing account, or terminate or suspend your access to or use of the Site. By signing up for an account on the Site, you authorize us to communicate with you regarding your account using any of the personal information you provided. If you register for an account on the Site, you are responsible for maintaining the confidentiality of your account login and password information, and for restricting access to your computer, or computers you use, to prevent unauthorized access to your account. You agree to accept all responsibility and liability for all activities that occur under your account.
You agree that Fingertech, in its sole discretion, may terminate or suspend your use of the Site at any time and for any or no reason. Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Site. Accessing the Site, after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Fingertech shall not be liable to you or any third party for any termination or suspension of your access to the Site.
Effective March 11, 2019
Information that may be collected on the Site
Fingertech may collect and analyze certain information about how visitors use the Site. When you visit the Site, we may collect various types of technical data. This data may include, Internet Protocol (IP) addresses, browser information, the website you visited before arriving at the Site, or the website you go to when leaving the Site, among other things. We may also keep a record of which pages of the Site you visit, and how long you spend on each page. This information does not identify you personally.
We may also use “cookies” and other similar technologies on the Site. Cookies are small pieces of information written to your computer hard drive by our web server. Fingertech employs cookies to enable our systems to recognize your browser and tell us how and when pages in the Site are visited and by how many people. Cookies also allow our systems to recognize a return visitor as a unique user. Many Internet browsers are automatically set to accept cookies. You may change your browser settings to either reject cookies or notify you when a cookie is about to be placed on your computer. However, rejecting cookies while using the Site may result in certain parts of the Site not operating correctly or as efficiently as if they were allowed.
Fingertech may use Web beacons alone or in conjunction with cookies to compile information about your usage of the Site and interaction with emails from Fingertech. For example, Fingertech may place Web beacons in marketing emails that notify Fingertech when you click on a link in the email that directs you to the Site. Fingertech uses Web beacons to operate and improve the Site and email communications and to send more customized or relevant emails, advertisements and offers to our customers and visitors to the Site.
Fingertech may use third-party service providers to serve advertisements on our behalf across the Internet. These service providers may collect your IP address and non-personally identifiable or de-identified information about your visits to the Site in order to serve Fingertech advertisements, while you are visiting other sites. Such non-personally identifiable information is anonymous or de-identified and does not reflect your name, address, e-mail address or other personal information; however, your IP address may be collected by such service providers. This anonymous or de-identified information is often collected through use of a pixel tag which is industry-standard technology used by most major websites. You can find more information about tracking and opting-out at http://www.youradchoices.com.
To opt out of many companies that serve third party cookies, you may visit the opt-out page sponsored by the Network Advertising Initiative (NAI), a cooperative group of online ad serving providers at http://www.networkadvertising.org/choices, or the similar opt-out page of the Digital Advertising Alliance (DAA), a similar group, at http://www.aboutads.info/choices.
The Site may provide you with opportunities to post comments and identifying information. When you post to this blog, this information may appear in public ways, such as through search engines or other publicly available platforms, and may be “crawled” or searched by third parties. Please do not post any information that you are not comfortable revealing to the public at large.
Personal Information Collected on Signup
Fingertech may collect various types of personal information (such as first and last name, entity name, phone numbers, addresses, and email addresses, among other things) from customers or visitors signing up for an account on the Site. This information is required by Fingertech to verify your identity, to establish your account, and to set up your service. By signing up for an account on the Site, you authorize Fingertech to communicate with you regarding your account using any of the personal information you provided.
In order to enhance our ability to provide relevant marketing, offers, and services to you, we may obtain information about you from other sources and add it to our account information. Personal information we collected may be used by Fingertech to provide the Service to you, to advertise or market our business, services, products, offers, promotions, etc. Thus, for instance, if you provide us with your email address, we may send you emails (which you may unsubscribe from) informing you about Fingertech services, products, offers, promotions and partnerships.
Customer Proprietary Network Information (“CPNI”)
The Federal Communications Commission (“FCC”) refers to certain information as Customer Proprietary Network Information (“CPNI”). CPNI relates to the type, technical arrangement, quantity, destination, location, and amount of use of telecommunications and interconnected Voice over Internet Protocol (VoIP) services, as well as related billing information. Fingertech collects and stores the CPNI of customers who obtain services from Fingertech. Fingertech does not have access to, collect or store the CPNI of other visitors to the Site.
Pursuant to federal law, we may use CPNI, without further authorization by you, to offer you services of the type you currently obtain from us. Use of your CPNI will permit us to offer you services tailored to your specific needs. We also may share your CPNI, without further authorization by you, with other Fingertech companies with whom you already have an existing service relationship.
Non-Disclosure of CPNI and Personal Information Collected by Flowroute
Except in accordance with or as required by law or legal process, and notwithstanding any other provisions in the Policy, we will not sell, distribute or release your CPNI or personal information to anyone outside of Fingertech.
Credit Card Information
Fingertech does not store customer credit card information. Credit card processing is carried out by unaffiliated third party credit card payment processing companies. These unaffiliated credit card payment processing companies may or may not store credit card information for your convenience. Please see the respective privacy policies or terms and conditions of these companies for further details.
Security of Information
Fingertech will take reasonable precautions to safeguard information transmitted between visitors and the Site and information stored on our servers. Despite these efforts, however, we may be unable to prevent and shall not be responsible for unauthorized access to such information by third parties. If you have an account on the Site, it is your responsibility to safeguard your account login and password information.
Links to Other Websites
The Site may contain links to other websites, which are subject to different privacy policies. The Policy will not apply to your use of other websites. Fingertech shall have no responsibility or liability for your use of other websites or the data collection and use practices of other websites. We encourage you to review the privacy policies found on such other websites, services and applications to understand how your information may be collected and used.
Children’s Personal Information
Fingertech does not knowingly collect any personal information from children under the age of 18. If you are under the age of 18, please do not submit any personal information through the Site. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce the Policy by instructing their children never to provide personal information through the Site without their permission. If you have reason to believe that a child under the age of 18 has provided personal information to Fingertech through the Site, please contact us and we will use commercially reasonable efforts to delete that information.
Changes to the Policy
Fingertech reserves the right to make changes to the Policy, in our sole discretion, at any time. Such changes may be made in response to future developments to the Site, changes in industry or legal requirements, or any other reason. We will post changes to the Policy to the Site. By continuing to use the Site following any change in the Policy, you will be deemed to have agreed to such change. If you do not agree with the terms of the Policy, as modified from time to time, please discontinue use of the Site.
Questions, Concerns or Complaints
Your privacy is important to us. If you have any questions, concerns or complaints regarding the way we collect and handle your information, please contact us by email at firstname.lastname@example.org or via phone at 785-274-9327.
Fingertech will take any privacy complaint seriously and the appropriate person will evaluate any such complaint with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
- You are over the age of legal majority and capable of entering into a legally binding agreement, on behalf of yourself or the person or entity you represent, under applicable law.
- You agree and give your consent that all information or records related to the establishment of a relationship between you (or your company) and Fingertech, as well as the ongoing relationship between you (or your company) and Fingertech, may be provided or made available in electronic form (“electronic records”).
- You understand that this consent applies to, without limitation, all policies,terms and conditions governing the relationship.
- You understand and agree that if you do not agree and consent to this arrangement, this account signup process will be terminated.
- You understand and agree that if you withdraw your consent at any time during this process, or if you later withdraw your consent by providing written notice to Fingertech after a relationship has been established, then the relationship between you (or your company) and Fingertech may be subject to termination by Fingertech, in its sole discretion.
- You understand that you have the option to contact Fingertech to request establishing a relationship using information or records of a non-electronic form, but Fingertech has sole discretion on whether to accept or reject such requests.
- You understand that you will have the ability to update information that Fingertech needs to contact you electronically through your account, and you agree that you shall ensure such contact information is current at all times.
- You understand that you may request non-electronic copies of information applicable to your account by contacting Fingertech, but an additional fee may apply if such request is fulfilled.
- You understand that a computer, Internet browser, valid e-mail address, and software capable of viewing PDF documents (available for free from http://www.adobe.com/products/reader/) are required in order to access and retain the electronic records. You represent and agree that you meet these requirements and have the ability to access and retain electronic records through an Internet browser, valid e-mail address, and PDF document viewer.
- You understand and agree to the following terms and policies:
- You understand that if you do not agree with or consent to all of the foregoing, you are not permitted to proceed with the account sign up process.
This agreement is available to current subscribers.