Welcome to the Accu-Time Portal! We are excited to offer you this resource as way to make doing business with ATS easier. When you register for and use the Portal, you are agreeing to our terms. Please review these carefully and note that by accessing the Portal, you are entering into a legally binding agreement with us.
Last Revised: October 12, 2018
The policies below describe Accu-Time Systems, Inc.’s (“ATS
”, or “we
”) agreement with you (“you
”) when you register for and use our customer portal (the“Portal
- Using the Portal
- Who may use the Portal. You may use the Portal only if you are at least 18 years old and are authorized to access the Portal on behalf of your employer or contractor. If your employer or contractor has an existing contractual relationship with ATS, these Terms are in addition and those terms still apply, to the extent applicable, and will control over these Terms in the event of a conflict.
- Permission. Subject to these Terms, we grant you permission and a limited, non-exclusive, non-transferable, and revocable license to use the Portal. Your use of the Portal is subject to the restrictions contained in these Terms, notably in Sections 2, 3 and 4, below. Your use of the Portal is at your own risk, including the risk that you might be exposed to content prohibited by us and these Terms.
- Portal availability. The Portal may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- Reliance on information posted. Some of the information presented on or through the file management portion of the Portal may be made available by customers of ATS. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Portal, or by anyone who may be informed of any of its contents.
Some of the information presented on the Portal is made available by ATS. While we strive to ensure the accuracy and completeness of this information, we cannot guarantee its accuracy at all times, in part because we do not necessarily control the sources of the data made available by us.
- Functionality. We work to continually refine how the Portal operates and to revise its features, tools and functions. These improvements may alter how you upload and share User Content or the access rights other users may have to your User Content. For the most current specifications and terms regarding these and other functions, please review “About The Portal” available at https://portal.accu-time.com/about which is incorporated by reference in full into these Terms.
- Accuracy of information. To access the Portal, you may be asked to create an account with us (a “User Account”) and provide certain registration details or other information to us. It is a condition of your use of the Portal that all the information you provide is correct, current, and complete.
- User Account information. If you choose to create a User Account and are provided with a user name, password, or any other piece of information, you must treat such information as confidential, and you must not disclose it to any third party. You are solely responsible for the activity that occurs on your User Account. You also agree to ensure that you exit from your account at the end of each session.
- Right to refuse access/username. We reserve the right to refuse access to the Portal to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason.
- User of other accounts. You may not use the User Account of another individual.
- User Content. The Portal may contain functions that allow you to upload, submit, publish, display or transmit to other users content or materials (collectively, “User Content”) on or through the Portal. All User Content must comply with these Terms. Any User Content you post to the Portal will be considered non-confidential and non-proprietary. Your User Content may also be accessed by other users with the appropriate access type, as described in About The Portal.
You represent and warrant that you own or control all rights in and to the User Content and have the right to grant ATS the license granted in 3.b., below.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not ATS, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- How ATS and other users can use your User Content. You grant ATS a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, distribute and disclose to third parties your User Content on the Portal for the purposes of operating, developing, providing, and using the Portal and in accordance with applicable law. Nothing in these Terms shall restrict other legal rights ATS may have to User Content, for example under other licenses.
- How long we keep your User Content. Following termination or deactivation of your account, or if you remove any User Content from the Portal, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, ATS and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Portal. However, we have no obligation to store or maintain User Content.
- Monitoring and enforcement. We have the right to:
- Remove any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms or could create liability for us.
- Disclose your identity to any third party who claims that your User Content violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Portal.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or respond to legal process requesting or directing us to disclose the identity of anyone uploading or downloading materials on or through the Portal.
We do not, however, undertake to review all material before it is posted on the Portal, and cannot ensure prompt removal of inappropriate or illegal material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Third party rights. We require you not to use the Portal to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material as User Content, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
ATS Content. As between you and ATS, we own the data, content and reports produced, created or developed by us or the Portal, visualizations of same, visual interfaces, interactive features, graphics, design, and compilations, including, but not limited to, our compilation of User Content and other data or content made available on or through the Portal by us, our computer code, products, software, aggregate user review ratings, and all other elements and components of the Portal excluding any third-party content (collectively, “ATS Content”). We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the ATS Content and the Portal, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the ATS Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Portal and the ATS Content are retained by us.
ATS has established certain basic requirements for the use of the Portal and we require you to adhere to them. The purpose of these requirements is to set forth how you may use the Portal and certain actions that are prohibited. When using the Portal, you are not allowed to upload anything that:
- Is sexually explicit or pornographic or includes hate speech
- Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm
- Infringes anyone's intellectual property, privacy or other rights
- Is fraudulent or deceptive
- Violates an employee’s right to privacy
- Contains any information or content that is illegal
Further, you are not allowed to:
- Tamper with our systems or our technical providers' systems
- Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
- Use any undocumented or unsupported method to access, search, scrape, download or change the Portal or anything on it that you do not have or should not have access rights to.
- Try to reverse engineer any of ATS’s software
- Try to interfere with any ATS user, host or network, for example by sending a virus, overloading, spamming or mail-bombing
- Collect or store personally identifiable information without proper permission
- Impersonate or misrepresent your affiliation with any person or entity, including ATS
- Do anything that violates applicable law or regulations
- Encourage or help anyone do any of the things on this list
- Information we collect. At registration and during your use of the Portal, we collect information in the following ways:
Use and disclosure of the information we collect. We may use or disclose the information we collect to fulfill the purpose for which you provided it or we collected it, such as to:
- Information you provide: You may voluntarily enter or otherwise provide information to us on the Portal through the registration process and “Create Account” form, and by uploading User Content and interacting with other users of the Portal.
- Information we gather: As you browse through the Portal, our servers automatically collect certain information about you which may include: (a) the name of the domain and host from which you access the Internet; (b) the browser software you use and your operating system; (c) the Internet address of the website from which you linked to the Portal; (d) the Internet address of the device you used to access the Portal and the location from which such access occurred; and (e) the time(s) when you accessed the Portal.
- provide you with information, products, or services that you request from us;
- improve, market or promote our products and services;
- compile, synthesize, generate and analyze anonymous usage and other aggregated information to monitor website performance and make improvements to site navigation and content;
- protect the security and integrity of our information technology systems; and
- make product and service recommendations to you.
We may also use or disclose the information we collect for any other purpose we describe when we collect your information, to which you consent or set forth in the About The Portal incorporated herein.
Your California privacy rights. If you are a California resident, you may request that we provide you with certain information about the entities with which we have shared our customers’ personal information for direct marketing purposes during the preceding calendar year. To do so, please contact us as directed below.
Notice for Persons in the European Union:
Notification of Claims of Infringement.
- Data Controller and Legal Basis for Processing. ATS is the data controller for your personal information collected on the Portal, and when we collect and process your information, we rely on your consent or our legitimate interests as the legal basis to do so.
- Data Processor and Legal Basis for Processing. ATS is the data processor for any personal information of individuals other than yourself that you upload to the Portal, and you represent that when you upload that information you have a legal basis to process it, including disclosing it to us.
- Your Rights. Data subjects located in the EU are granted rights with respect to their information and we are committed to facilitating the exercise of the following rights: the right to access your information, to ask for erasure, correction, restriction, portability of your information, the right to withdraw consent, and the right to object to certain processing of your information. You also have the right to submit a complaint to the relevant Data Protection Authority in your Member State.
- Retention. We endeavor to keep personal information in our records only as long as necessary for the purposes for which it was collected and processed. We have developed data retention and management policies considering legal requirements that apply to us as well as our legitimate interests.
- Transfers of Data. When you interact with us, your personal information may be transferred to the United States. Because the European Commission has deemed the United States not to offer an adequate level of data protection, we rely on alternative transfer mechanisms to ensure that the transfer of your information to the United States is lawful.
- Data Protection Officer and EU Representative. Our Data Protection Officer is Jean-Pierre Van de Capelle. Our EU Representative is Darren Duggan.
- ATS adheres to the Privacy Shield Principles, and our Privacy Shield Statement can be found here. See https://www.privacyshield.gov/welcome for more details on the Privacy Shield Program of the United States Government.
A copyright owner or an agent thereof who believes that any user submitted information or other content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing ATS’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the Copyright Agent to locate the material;
- Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the owner has 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ATS’s designated Copyright Agent to receive notifications of claimed infringement is:
Volpe & Koenig P.C.
30 South 17th
Philadelphia, PA 19103
NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.
We care about the security of our users. While we work to protect the security of the Portal, your User Content and account, ATS cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Third-Party Links, Sites, and Services
The Portal and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. ATS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ATS takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using the Portal.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PORTAL; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PORTAL, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL ATS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
How to Contact Us
If you have questions about these Terms, you can contact us by email at firstname.lastname@example.org
- Term and termination. The Terms continue in effect until terminated by either you or us. We or you may terminate these Terms at any time upon written notice to the other. Upon termination, you continue to be bound by Sections 4, 9, 10 and 12 of these Terms and shall not have the right to continue to access or use the Portal.
- Notification procedures and changes to these Terms. ATS reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Portal after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Portal.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ATS without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Entire agreement/severability. These Terms, together with any amendments and any additional agreements you may enter into with ATS in connection with the Portal, shall constitute the entire agreement between you and ATS concerning the Portal. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- No waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ATS's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Communications. By providing ATS your email address, you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the service. If you do not wish to receive such email messages, you may opt out using the unsubscribe link on any such email messages. Opting out may prevent you from receiving email messages regarding updates, improvements, and offers.
- Governing law and jurisdiction. These Terms shall be governed by the laws of the State of Connecticut, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Hartford County, Connecticut or the United States District Court for the District of Connecticut.