ACCEPTANCE OF TERMS

We are Fingent Corp., a New York corporation.  We offer access to this website and the Service (defined below) to you subject to these Terms of Use, which we may revise occasionally without notice, other than posting them at this location on this website.  Please check the Terms of Use periodically. Use of the Service or this website constitutes your acknowledgement and acceptance of these Terms of Use and the accompanying Privacy Policy. You may not use this website or the Service in a way that is not specifically permitted by these Terms of Use.  Any unauthorized use of the Service or this website will terminate the permission granted by these Terms of Use and may violate copyright, trademark, and other laws.

In these Terms and Conditions, we refer to ourselves as “Fingent,” “we,” “us,” “our,” etc. Also, throughout these Terms of Use,

  • the “App” refers to the iPhone, iPad or Android-based mobile or tablet application through which a User can perform field data collection, fill out purchase orders, capture electronic signatures, track expenses and communicate with other App Users; the App is designed and offered to you to allow you to collect information, transmit information to the Portal and receive information from the Portal;
  • Content” means all of the text, pictures, files, links, geolocation data, reports and other information or material posted, transmitted or stored through the Service;
  • the “Portal” refers to portions of the Site that your employer, prime contractor, agent or other affiliated party remotely accesses through an interface provided by Fingent, to operate the Service, to manage and analyze information submitted by one or more Apps and to communicate with those Apps;
  • a “Reader” is any User who reads Content through the Service;
  • a “Sender” is a User who develops, posts or transmits any Content through the Service;
  • the “Service” means the full suite of technologies and services that Fingent offers through both the App, the Portal and the Site;
  • the “Site” means this website, www.Reachoutsuite.com, through which we conduct our business and operate the Portal; the Site includes both the Portal and other elements of this website.
  • Users” means people who use the Service through the App or the Portal; depending on the context, a User could be you or another User; and
  • you” (including “your” and “yours”) means an authorized User of the Service and the business entity that employs the User or asks the User to use the Service, including Users of the App and managers of the Portal, depending on the context.

Later in these Terms of Use, other words are capitalized (and shown in bold the first time they appear) to define terms with specific meanings when they are used again.

 

PLAIN ENGLISH: These are the legal terms that you agree to. If you don’t agree to them, you can’t use the Fingent service. We also set some definitions that we use later.

 

YOUR RESPONSIBILITY FOR YOUR ACTIVITIES AND YOUR CONTENT

You acknowledge and agree that Fingent does not allow any illegal activities. You warrant that you will abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the Content of your transmissions through the Service.

You agree to not use the Service to:

  • Upload, link to, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, fraudulent, indecent, lewd, libelous, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Upload, link to, distribute or otherwise publish through the Site any Content that would constitute, assist or encourage a criminal offense or harm minors in any way;
  • Impersonate any person or entity or falsely misrepresent your affiliation with any person or entity;
  • Upload, link to, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, link to, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Interfere with or disrupt the Service or the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Upload, link to, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or intercept or expropriate any system, data or personal information;
  • Distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam;
  • Stalk or harass any other individuals;
  • Collect or store personal data about other Users, other than what the Users have made publicly available; or
  • Use any data mining, robots, or similar data gathering and extraction methods within the Site.

You agree not to access the Service by any means other than through the Portal or the App.

You acknowledge and agree that it is your responsibility to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the Sender from which such Content was originated. This means that you, not Fingent, are entirely responsible for all Content that you upload, post, email or otherwise transmit via this Service. Fingent does not control the Content posted via the Service, and as such, does not guarantee the accuracy, integrity, or quality of such Content. Each time you provide Content, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User who is authorized by you or your employer to use the Service the right to download and use such Content. You understand that by using the Service, you may be exposed to Content that is offensive, objectionable, or indecent. Under no circumstances will Fingent be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. Fingent takes no responsibility and assumes no liability for any Content posted or uploaded by any User or third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, Fingent is not liable for any statements, representations or Content provided by its Users in any messages, advertisements or any other interactive areas of the Site. Fingent cannot and does not edit, modify, or even proofread any Content originating from Senders other than itself.

You agree to indemnify and hold Fingent, and its subsidiaries, affiliates, directors, officers, agents, or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content that you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another. In the event that you have a dispute with one or more other Users, you release Fingent (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in an way connected with such disputes.

FINGENT ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH CONTENT, INCLUDING WITHOUT LIMITATION, THE QUALITY OR ACCURACY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE.

 

PLAIN ENGLISH: You agree to follow the law and behave responsibly while using our service. You are responsible for your own content. You will repair any harm caused to others, including Fingent, by your content or misbehavior.

 

Fingent’s RIGHTS TO REMOVE AND DISCLOSE CONTENT

Fingent has the right, but not the obligation, to monitor the activity and Content associated with messages, advertisements and any other areas on the Site. Although Fingent has no obligation to monitor the Site, Fingent may investigate any violation of its policies pursuant to a complaint, or based upon its own discovery, and may take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Fingent reserves the right and has absolute discretion, to remove, screen, or edit and Content that violates its terms or is otherwise objectionable. Fingent also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

To report any violation of Fingent’s Terms of Use or its services, please contact us at the listed email address below.

You understand and agree that Fingent maintains the right to preserve Content and may also disclose Content if required by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, respond to claims that any Content violates the rights of third-parties, or protects the rights, property, or personal safety of Fingent or its Users.

 

PLAIN ENGLISH: We can protect the integrity of our platform by removing harmful content. Please tell us if you see any.

 

REGISTRATION OBLIGATIONS

You understand and agree that Fingent may ask you to register for various reasons. It is expected that you will provide complete and accurate information. If your information is found to be untrue, or incomplete, Fingent has the right to suspend or terminate you from service. Fingent reserves the right to terminate any person, group, or company at any time, for any reason.

Fingent strictly prohibits the sharing of account passwords for the purpose of writing Content. Only those individuals who have registered and have accepted and agreed to these Terms of Use and Privacy Policy may post Content. Therefore, you acknowledge and agree that you will not share your account password with any other individuals or allow any other individuals to write any Content using your account. You also understand and agree that if you do share your account password or allow others to use your account, your account will become eligible for termination.

Fingent is concerned about the safety and privacy of all of its Users, especially children. For this reason, children (under the age of 18) are not permitted to use this service, without the supervision of an adult or legal guardian. Fingent requests, but cannot guarantee, that all Readers of Content and the Site be at least 18 years of age.

All parties involved should use caution and discretion before sharing any credit card information, passwords, account numbers, or any other relevant personal information. You acknowledge and agree that Fingent will not be held responsible or liable for any communications that arise between Senders and Readers from any use of the Service.

YOU AGREE BY REGISTERING THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. AMONG OTHER THINGS, THIS MEANS (1) IF YOU ARE REGISTERING FOR AN INDIVIDUAL LICENSE ACCOUNT, YOU MUST BE AN INDIVIDUAL OF AT LEAST EIGHTEEN (18) YEARS OF AGE ENROLLING UNDER YOUR OWN NAME AND (2) IF YOU ARE A DESIGNATED USER REGISTERING FOR A BUSINESS LICENSE/ACCOUNT, YOU MUST BE A BONA FIDE EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE BUSINESS ENTITY IN WHOSE NAME THE LICENSE/ACCOUNT IS HELD, AND YOU MUST BE AUTHORIZED TO BIND THE BUSINESS ENTITY AND BE AUTHORIZED TO REGISTER UNDER THE NAME OF THE BUSINESS ENTITY.

 

PLAIN ENGLISH: We require you to register to use the Fingent service, and you must be 18 or older. You are responsible for protecting your password so others can’t use it maliciously.

 

PAYMENT AND PAYMENT TERMS

Charges applicable to the Service are set forth in the registration process at the Site and in any registration processes for premium services and supplemental services. In the future, current charges, including billing methods, rates, and surcharges for using Fingent’s service, may be obtained by completing a registration process for the Service. Fingent may now or in the future offer trial periods without certain fees and charges with specific details provided in the registration process for the Service. Fingent reserves the right to change, revise or modify any charges and to institute any new charges. Such changes, revisions, modifications or institutions of new charges will be effective upon notice but will not apply retroactively to any agreement in effect with you.

We will charge your credit card in advance on a monthly basis.  This is done automatically after you enroll for the Service, until we or you terminate your access to the Service.  If you add users in later months, the addition to your monthly charge will be pro-rated through the end of your established monthly billing period. You agree to pay all fees and other charges incurred by you or on your account at the rates in effect during the billing period in which the charges were incurred, including any surcharges incurred while using any premium or supplemental services or features for which a surcharge is made upon you or us. You will pay any and all applicable sales, use and like taxes which accrue as a result of a use of the Service by you or on your account. Delinquent charges (in the event that the credit card lender you selected refuses full payment) are subject to immediate suspension and/or termination without notice. Until Fingent is notified, you will remain responsible for any unauthorized use of Fingent’s service and systems occurring on your license and account, including without limitation all charges.

After termination of your account, we will not charge you again when the next monthly payment is due, but you will not be entitled to a refund for any pre-paid monthly fees.

All payments must be made in United States Dollars or the equivalent in other currencies.

 

PLAIN ENGLISH: We charge monthly and ask you to provide a credit card number that we can bill.

 

MODIFICATIONS TO SERVICE; TERMINATION

The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond Fingent’s reasonable control, but Fingent will use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled unavailability of the Service. Notwithstanding anything else in the Agreement or otherwise, Fingent may monitor your use of the Service and use your Content in an aggregate and anonymous manner, compile statistical and performance information related to the provision and operation of the Service, and may make such information publicly available, provided that such information does not incorporate your Content or identify your confidential information. Fingent retains all intellectual property rights in such aggregated information.

You acknowledge and agree that Fingent, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, block or prevent future access to the Service, and remove and discard any Content within the Service at any time for lack of use or if you have violated or acted inconsistently with the nature of these Terms of Use. You agree that any such termination can be effected without any prior or written notice to you and that Fingent will not be held liable to you or any third-party for any termination of access to the Service.

You can terminate the Service at any time.  Just login and click on ‘Close Account’ in the ‘Manage Subscriptions’ section of the App.  You will not be entitled to a refund for any pre-paid monthly fees, but we will not charge you again when the next monthly payment is due.

If any provisions of these Terms of Use is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

 

PLAIN ENGLISH: You can quit anytime. We can terminate your account, stop providing the service generally or make changes to the service, all at our discretion.

 

DEALINGS WITH ADVERTISERS; LINKS TO THIRD PARTY SITES

You acknowledge and agree that any correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Fingent will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

You understand and agree that the Service may provide, or third parties may provide, links to other websites or resources. Because Fingent has no control over such sites and resources, you acknowledge and agree that Fingent is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources or for the sites that these sites may link to, including any changes or updates to such sites. You also agree that Fingent will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Fingent allows these links as a convenience to the User, and the inclusion of any link does not imply endorsement by Fingent of the Site or any association with its operators.

 

PLAIN ENGLISH: We may tell you about unrelated websites and services as a favor to you. We are not responsible for what happens between you and them.

 

RESPECT OF COPYRIGHT AND OTHER PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that may or may not be protected by applicable intellectual property rights and other laws. Some of the information provided to you through the Service, by advertisers and other parties, may be protected by copyrights, trademarks, patents, service marks, or other proprietary rights and laws. You agree not to (or allow any third party to) copy, modify, create any derivative works of, reverse engineer or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service or the software that operates the Site and the Service (the “Software”), in whole or in part. You may not copy any portion of the Site for the purpose of developing any similar websites.

Except as expressly stated in these Terms of Use, you are not given any right or license in or under any patent, trademark, copyright, or proprietary right of Fingent or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You may not use, frame, or utilize framing techniques to enclose any Fingent trademark, logo, or other proprietary information (including the images and photographs found at the Site, the content of any text and/or the layout or design of any page of the Site) without Fingent’s express written consent.

Fingent does not own any Content. Fingent will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. In the event this Agreement is terminated (other than by reason of your breach), Fingent will make available to you a file of the Content if you so request at the time of termination. The file is delivered via e-mail to your registered email address in unencrypted form. You agree that this is a reasonable form of transmission. Fingent reserves the right to withhold, remove and/or discard Content without notice for any breach, including, without limitation, your non-payment.

You understand and agree that you will have no recourse against Fingent for any alleged or actual infringement or misappropriation of any proprietary right in any Content you submit to us.

If you believe that any Content on the Service infringes on your copyright, or otherwise violates Fingent’s Terms of Use, please contact us to report irregularities with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where the material that you claim is infringing is located on the Site.
  4. Your address, telephone number and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send notice of claims of copyright infringement by registered mail to:

Attn: Webmaster
Fingent
235 Mamaroneck Ave, Suite 301
White Plains, NY 10605

PLAIN ENGLISH: We own our website and its content, and you own your content. This section also tells you how to ask us to take down content supplied by someone else, if you believe you are the rightful owner.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

By using the Service or accessing the Site, you expressly understand and agree that:

  • Your use of the Service is at your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis to the fullest extent permissible pursuant to applicable law. Fingent 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.
  • Fingent makes no warranty that (1) the Service will meet your needs, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (5) any errors in the Software will be fixed, and (6) or that the Site or the servers that make the Site available are free of viruses or other harmful components.
  • Any material downloaded or otherwise obtained through the use of the Service is done 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 any such material.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fingent SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF Fingent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY OF USE OF THE SERVICE, OR THE MATERIALS OR CONTENT ON THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF CONTENT; (4) STATEMENTS OF CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.

Fingent will not be held liable for the consequences of any interruptions, errors, or loss of any data.

You acknowledge and agree that Fingent will not be held responsible or liable for any unlawful or otherwise improper acts performed by any third parties. This includes, but is not limited to, acts of hacking or any other means of disrupting data or preventing access to Service, transmitting viruses, deleting files, obtaining or misusing personally identifiable data, corrupting data, or otherwise interfering with the Site.

Some jurisdictions do not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental, or consequential damages, accordingly, some of the above limitations of the sections above may not apply to you.

 

PLAIN ENGLISH: We don’t give a warranty about our service or your ability to use it. If you don’t think our service does what you need, no problem: quitting is easy.

 

NOTICES

Except as explicitly stated otherwise, any notices should be sent to us by postal mail to:

Fingent
235 Mamaroneck Ave, Suite 301
White Plains, NY 10605

We will send our notices by email to the email address you specified during registration. Notice will be deemed given 24 hours after sent, unless we are notified that the email was returned to us “undeliverable.” Alternatively, we may give notice by certified mail, to the mailing address you provided during registration. In such cases, notice will be deemed given 3 days after the date of mailing.

MISCELLANEOUS

You understand and agree that these Terms of Use and the Privacy Policy constitute the entire agreement between you and Fingent. The Terms of Use and the relationship between you and Fingent will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. The failure of Fingent to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If any provision of the Terms of Use are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Fingent may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or Fingent contrary to those set above.

PRIVACY POLICY

Please review our Privacy Policy.

QUESTIONS?

If you have any questions about these Terms of Use, please email us at support@Fingent.com.

Or, you can write us at:

Fingent Webmaster
235 Mamaroneck Ave, Suite 301
White Plains, NY 10605