About Jacaré
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Terms of Service
JACARE ISSUE TRACKERSM
Was created by and is the property of EXPLORE SYSTEMS, INC, Denver, CO. Copyright 2003.
No part of JACARE ISSUE TRACKERSM may be reproduced in any form without prior written permission of Explore Systems, Inc.
TERMS OF SERVICE LAST MODIFIED JUNE 17, 2003
TERMS OF SERVICE
TABLE OF CONTENTS
I. Identification of Parties and Definition of Terms
III. User Conduct and Unauthorized Use
IV. Termination
V. Back-Up
VII. Modification of Terms of Service
VIII. Disclaimer of Liability and Warranty and Indemnification
IX. Copyrights, Trademarks and Service Marks
XII. Responsibility
AGREEMENT
I. Identification of Parties and Definition of Terms
A. The parties to this Agreement are Explore Systems, Inc. and Subscriber.
B. Definition of Terms:
1. Administrator refers to the individual designated by Subscriber to communicate with ESI on all matters concerning Subscriber’s use of Jacaré Issue TrackerSM and Subscriber’s relationship with ESI.
2. Billing Period means each calendar month or part thereof that Subscriber, its Administrator or any User is registered to access Jacaré Issue TrackerSM.
3. Explore Systems, Inc. (“ESI”), a Colorado corporation, is the creator and owner of Jacaré Issue TrackerSM. ESI is located at 2525 Cherry Street, Denver, CO, and may be reached by e-mail at support@jacare-issue-tracker.com.
4. Project, in the case of Subscribers who are consultants, refers to each discrete engagement of Subscriber by it’s clients. If one client retains Subscriber to perform two or more separate engagements, each shall constitute a separate Project for the purposes of these Terms of Service. For Subscribers engaged in tracking proprietary issues, “Project” refers to each planned and separately administered undertaking, which may contain sub-projects, but which is recognizable as being able to stand alone without integration into other such undertakings.
5. Server refers to the server upon which Jacaré Issue TrackerSM is hosted and to the operator thereof. ESI reserves the right to change the Server at any time and from time to time, and to migrate the application and data, including Subscriber’s data, at any time and without notice to Subscriber.
6. Subscriber refers to the individual or legal entity who has agreed to these Terms of Service, has registered as a subscriber by providing the information required by ESI and who is authorized by ESI to use Jacaré Issue TrackerSM.
7. User Name refers to the unique, non-transferable, identification assigned by Administrator to Users for each project.
8. User and Users refer to the person or persons authorized and designated by Administrator to access Jacaré Issue TrackerSM on Subscriber’s behalf. Each User shall have a unique User Name initially assigned by Administrator. Users may change their password at any time.
A. Jacaré Issue TrackerSM is a web-based hosted service that allows business consultants and Project owners to track project issues in exchange for a fee that is based on the number of Subscriber’s Users during each Billing Period. Jacaré Issue TrackerSM provides Subscriber with access to administrative functions that allow the registration and delisting of Users and configuring of Jacaré Issue TrackerSM to Project parameters, and provides Subscriber with access to managerial functions for the definition, adding and tracking of issues, for the specification of views and for printing views of issues. Security is provided at the User level.
B. ESI provides Subscriber with an initial configuration of Jacaré Issue TrackerSM for each of Subscriber’s Projects. Subsequent modifications to the initial configuration are Subscriber’s responsibility.
C. ESI will provide Subscriber with an initial sign-on authorization for Subscriber’s Administrator. Subscriber will be responsible for providing access to individual Users.
D. ESI may add or delete functions at any time without notice or liability to Subscriber.
III. User Conduct and Unauthorized Use
A. Subscriber shall assure compliance with all terms hereof by its Administrator and Users and shall be responsible for the conduct of such persons.
B. Subscriber shall not allow access to Jacaré Issue TrackerSM or data stored thereby to any person who has not been registered as an Administrator or User.
C. No Subscriber shall allow any person to access Jacaré Issue TrackerSM unless that person has been registered as a User and has been assigned a User Name.
D. Subscriber shall exercise due care in the selection of Users to assure compliance with these Terms of Service and the use of Jacaré Issue TrackerSM for proper purposes only. Subscriber shall use caution in the designation of e-mail addresses for contacts by ESI, Administrator and Users to assure the security of Subscriber’s data and compliance with these Terms of Service, and to prevent the unauthorized use of Jacaré Issue TrackerSM and data stored thereby.
E. User Names shall be used for one Project only, and if any person accesses Jacaré Issue TrackerSM for more than one Project, a separate User Name shall be obtained for each.
F. User Names assigned by Administrator must be unique and non-transferable, and it shall be a breach of these Terms of Service for Subscriber or anyone acting in Subscriber’s name to allow more than one individual to use a User Name.
G. Subscriber acknowledges that it will use Jacaré Issue TrackerSM only for the purpose of internally tracking issues encountered during Subscriber’s work as a business consultant or Project owner, and for no other use.
H. Subscriber shall not use Jacaré Issue TrackerSM for any purpose that is illegal in any jurisdiction in the United States or that is unauthorized by ESI, or for planning any such activities, and shall not use Jacaré Issue TrackerSM to impersonate another or to infringe upon the intellectual property (including copyrights, trademarks, trade names, service marks, goodwill or other propriety rights) of another.
I. Subscriber shall not introduce into Jacaré Issue TrackerSM, data stored thereby or the Server any virus or other harmful code.
J. Subscriber shall promptly notify ESI of any defects, service interruptions, data loss or corruption or other irregularities in Jacaré Issue TrackerSM or Server functions.
K. Use in violation of these Terms of Service will result in loss of Subscriber’s permission to use or access Jacaré Issue TrackerSM and in consequence ESI may deny Subscriber, its Administrator and its Users access thereto, but shall not relieve Subscriber from the obligation to pay accrued charges for its period of use.
L. ESI has the right but no obligation to monitor Subscriber’s use of Jacaré Issue TrackerSM.
A. Subscriber may terminate its subscription to Jacaré Issue TrackerSM at any time by providing notice thereof to ESI at support@jacare-issue-tracker.com. Termination of Subscriber’s subscription shall not relieve Subscriber of the responsibility to pay for all services rendered by ESI up to and including the month of termination.
B. ESI may terminate Jacaré Issue TrackerSM services at any time and for any reason, including but not limited to Subscriber’s breach of these Terms of Service, force majeure, Server unavailability, cessation of business or change of business services.
C. Upon receipt of notice of termination by Subscriber, ESI may remove and destroy any of Subscriber’s data, configurations, parameters, User Names, registration information and other Subscriber inputs. All such data and information may be removed and destroyed by ESI 60 days after termination by ESI.
A. ESI will back up Subscriber’s data on a daily basis. Backed up data may not be retained beyond the subsequent back up, in ESI’s sole discretion.
B. Subscriber may request the restoration of lost or corrupted data by contacting ESI at support@jacare-issue-tracker.com. ESI reserves the right to charge a fee for this service in the event data loss or corruption results from any cause other than the fault of ESI or Server.
C. Subscriber may back up its own data using functions included in Jacaré Issue TrackerSM, but such back up is for Subscriber’s use only and not to initiate or restore Jacaré Issue TrackerSM service.
A. Data entered by Subscriber into Jacaré Issue TrackerSM remains the confidential property of Subscriber, and is not accessible by third persons. ESI and Server may access Subscriber’s data pursuant to these Terms of Service, to monitor compliance herewith, for quality assurance and testing, and for no other purposes. Subscriber’s data will not be released to any third parties by ESI or Server except at Subscriber’s request or under compulsion of law. ESI will use its best efforts to notify Subscriber of any requests for Subscriber’s data, including those of legal authorities.
B. ESI has incorporated industry standard security mechanisms into Jacaré Issue TrackerSM to protect Subscriber’s data, User Names, registration information, SSL data transmissions and other information and has provided for Server side protections.
C. Subscriber authorizes ESI to access Subscriber’s data and other information to resolve software issues and to monitor compliance with these Terms of Service.
D. Subscriber acknowledges that the greatest theat to the security of its data and information comes from Subscriber’s ability to allow individuals to access Jacaré Issue TrackerSM, and understands that Subscriber is best placed to prevent abuse of such access.
VII. Modification of Terms of Service
A. ESI may modify these Terms of Service at any time and from time to time, provided ESI gives notification thereof by posting the last date of modification on the Jacaré Issue TrackerSM sign-in page. ESI may give Subscriber specific notice of modifications, but shall not be required to do so.
B. Subscriber is responsible for monitoring changes and dates of changes to these Terms of Service, and shall be bound thereby unless Subscriber gives ESI notification of termination of the subscription to Jacaré Issue TrackerSM within 48 hours after any of Subscriber’s Administrator or Users logs on following the posting of the date of changes.
C. ESI may add or delete functions at any time without notice or liability to Subscriber.
D. In the absence of timely notification of termination as provided in subparagraph B of this Part VII, Subscriber agrees to and shall be bound by modifications in these Terms of Service from the date of last modification posted on the Jacaré Issue TrackerSMlog on page. Any use by Subscriber of Jacaré Issue TrackerSM after the date of any modification of these constitutes acceptance of such modification.
VIII. Disclaimer of Liability and Warranty and Indemnification
A. ESI makes no representation or warranty concerning levels of service, errors in service, disruption or unavailability of service, bugs in the program, typographical errors, errors or misstatements in instructions or documentation, or other defects in Jacaré Issue TrackerSM. ESI gives no promise or assurance that Jacaré Issue TrackerSM is suitable for Subscriber’s use or for any particular use. Subscriber is solely responsible for assuring itself that Jacaré Issue TrackerSM meets its needs.
B. ESI shall have no liability to Subscriber, Subscriber’s clients or to any third party for any damages resulting or claimed to have resulted from the use of Jacaré Issue TrackerSM, including, but not limited to, those resulting or claimed to have resulted from lost, unrecoverable or corrupted data; defects, failures or unauthorized conduct by any Server; unauthorized access or attempts to access Jacaré Issue TrackerSM or data stored therewith; errors in service, disruption or unavailability of service; bugs in the program; failure to correct defects in software or systems; unsuitability for Subscriber’s use or for any particular use; or by any cause whatsoever.
C. ESI does not represent or warrant that Subscriber’s lost or corrupted data may be restorable from back ups performed by ESI, Server or Subscriber.
D. ESI gives no assurance that Jacaré Issue TrackerSM, data stored thereby or the Server are or will be free of viruses or other harmful code introduced by third parties. Subscriber shall be responsible for assuring that no such viruses or code are communicated to or propagated by Subscriber.
E. Subscriber releases ESI from any responsibility or liability for unauthorized access to or modification of Subscriber’s date or data transmissions by third parties; from the transmission or failure to transmit data; from any content introduced into Jacaré Issue TrackerSM or data stored thereby by any Administrator, User or third party, including content that is obscene, illegal, defamatory, offensive or in contravention of the rights of any person or party whatsoever.
F. Subscriber shall indemnify, hold harmless and defend upon demand ESI and Server and their employees, agents and affiliates from all claims, loses, damages and demands, of third parties arising from Subscriber’s use of or subscription to Jacaré Issue TrackerSM or based on any alleged breach of these Terms of Service, and shall reimburse ESI for any expense, including reasonable attorney fees and legal costs, and losses, including damage awards or loss of business, ESI incurs as a result of such claims.
IX. Copyrights, Trademarks and Service Marks
A. All text, codes, documentation and designs of Jacaré Issue TrackerSM are the sole and exclusive property of ESI, and are copyrighted by ESI and may not be reproduced by any person without the express written consent of ESI.
B. Jacaré Issue TrackerSM is a service mark owned by ESI and may not be copied or used by any person without full attribution and disclosure of ESI’s ownership and rights thereto. All logos, designs, brands and other embodiments of the words “Jacaré Issue Tracker” are trademarks of ESI.
A. ESI shall bill Subscriber monthly by e-mailed invoice sent to Subscriber’s designated e-mail address. Invoices are due upon receipt, and any portion not paid within 30 days will bear interest at the rate of 18% per annum (1? % per month) compounded annually from the original due date.
B. Monthly invoices will cover service for the month, in advance, for all users designated as of the last day of the prior month and any services for the prior month, in arrears, attributable to Users who were designated during that month.
C. Services are billed for each full month of registration for each User or part thereof, without proration in the event a User is not designated for the complete month or Subscriber terminates its service during the month.
D. Subscription rates are available on the Jacaré Issue TrackerSM web site and may changed without other notice. ESI reserves the right to change subscription rates at any time.
E. ESI reserves the right to suspend or terminate service in the event of non-payment, and may sequester Subscriber’s data and other information during any periods Subscriber is delinquent in the payment of its account.
A. In the absence of an agreement to the contrary, any dispute between ESI and Subscriber arising out of these Terms of Service or relating to Jacaré Issue TrackerSM shall be arbitrated in Denver, Colorado under the American Arbitration Association’s rules for commercial disputes.
B. If ESI or Subscriber is required expend money in any action to enforce these Terms of Service or to protect their rights hereunder in consequence of any action by the other, the prevailing party in such action shall be entitled to recover its costs and attorneys' fees from the other.
C. These Terms of Service shall be governed by and construed under the laws of the State of Colorado without regard to the choice of law provisions thereof, as if the agreement created hereby had been fully formed and was to be performed in the State of Colorado by residents of Colorado.
D. ESI may sell or transfer ownership or operation of Jacaré Issue TrackerSM at any time and for any reason. Subscriber may not sell, transfer or assign its subscription to Jacaré Issue TrackerSM.
E. Subscriber authorizes ESI to list Subscriber as a representative client of ESI for Jacaré Issue TrackerSM and authorizes ESI to use Subscriber as a business reference, provided that ESI may not disclose the names of Subscriber’s clients or the details of Subscriber’s Projects.
A. Subscriber and Administrator represent and warrant that they are duly authorized to enter into a relationship with ESI and to accept these Terms of Service on behalf of Subscriber and to bind Subscriber thereto.
BY ENTERING JACARE ISSUE TRACKERSM I HEREBY ACKNOWLEDGE THAT HAVE READ AND UNDERSTOOD THE FOREGOING TERMS OF SERVICE AND AGREE TO BE BOUND THEREBY ON BEHALF OF SUBSCRIBER.