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SingleOps

Terms of Use

SingleOps Terms of Use

Terms of Use, effective as of April 4th, 2023

Thank you for visiting SingleOps, LLC (“SingleOps” or “we”, “us” or “our”).  Please carefully read these Terms of Use and our Privacy Policy, which is incorporated into these Terms of Use by this reference.  These Terms of Use apply to SingleOps’s applications, services, and our website at singleops.com (collectively, the “Services”). 

IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO YOU AND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE SERVICES.

Unless otherwise noted, the Services are the property of SingleOps and its licensors. By using the Services, you agree to these Terms of Use, our Privacy Policy and all applicable laws and regulations.  If you do not agree to these Terms of Use, do not use the Services.

The Services are not intended for the use of children under 18 and no such person is authorized to use them.  By using the Services, you are representing that you are at least 18 years old and of legal age to enter into legal agreements.

SingleOps reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. The date of the last update of these Terms of Use is indicated at the top of these Terms of Use.  

Privacy and Data Security

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.  Additionally, by using the Services, you acknowledge, and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.  Please do not send us any sensitive personal information. You are responsible for maintaining the security and confidentiality of your SingleOps logon credentials and passwords.

Content

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to SingleOps and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

The SingleOps name, the SingleOps logo, and all other related names and logos are trademarks or registered trademarks of SingleOps.  All other names, team names, and logos on the Services are trademarks or registered trademarks of their respective owners, where applicable.  Reference to any third party-owned trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship, or endorsement by any owners of such third party-owned trademarks. 

User Submissions, Feedback, and Information

You acknowledge and agree that any submission, feedback, comments, or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use.  Submissions that constitute feedback, comments, or suggestions (collectively, “Feedback”) will be the sole and exclusive property of SingleOps and you hereby irrevocably assign to us all of your right, title and interest in and to all such Feedback, and SingleOps shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Feedback in any manner it chooses.   With respect to all other non-Feedback Submissions, you hereby grant SingleOps an irrevocable, worldwide, and perpetual license to use such Submissions as contemplated in these Terms of Use.

You may not create, post, store, or share any Submissions that violate these Terms of Use or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Submissions, and our use of such content as permitted by these Terms of Use, will not violate any rights of, or cause injury to, any person or entity. Notwithstanding the generality of the foregoing, you consent, for yourself and on behalf of any other person whose information or likeness you submit to SingleOps, to the use by SingleOps of the information and that it is submitted in compliance with all applicable laws.  You are responsible for any Submission you provide and for any consequences arising therefrom. Although we have no obligation to screen, edit or monitor Submissions, we may delete or remove Submissions at any time and for any reason with or without notice.

Your Use of the Services

In connection with your use of the Services, you agree that you will not:

  • post, upload, publish, submit, or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
  • interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use the Services to transmit, distribute, post, or submit any information concerning any other person or entity;
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
  • display, mirror or frame the Services, or any individual element within the Services, SingleOps’s name, any SingleOps trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SingleOps’s express written consent;
  • access, tamper with, or use non-public areas of the Services, SingleOps’s computer systems, or the technical delivery systems of SingleOps’s providers;
  • attempt to probe, scan, or test the vulnerability of any SingleOps system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SingleOps or any of SingleOps’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; 
  • use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

SingleOps reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

SingleOps may provide bulletin boards, blogs, or chat rooms on the Services. SingleOps is not responsible for the content of any user-submitted content. Although we have no obligation to screen, edit or monitor any user-submitted content, we may do so and delete or remove user-submitted content at any time and for any reason with or without notice.

Copyright Policy

We do not permit copyright infringing activities or infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • description of the copyrighted work that you claim has been infringed;
  • description of the material that you claim is infringing and where it is located on the Services;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • 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;
  • 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.

You can contact our Copyright Agent via email at support@singleops.com or by mail at Copyright Agent, c/o SingleOps,1075 Peachtree Steet, NE, Suite 3225, Atlanta, GA 30309.

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

Links to Other Sites

The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SingleOps’s control, and SingleOps is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

Disclaimer; Limitation of Liability

THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.”  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY SINGLEOPS OR ITS SUPPLIERS WITH RESPECT TO A PHYSICAL PRODUCT SOLD BY SINGLEOPS TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW.

Although we strive to describe our products or services offered on the Services accurately, we do not guarantee that such specifications or services are accurate, complete, reliable, current or error-free. Furthermore, while we attempt to ensure that your use of our Services is secure and safe, we cannot and do not represent that our Services or servers are free of viruses or other harmful components. You expressly assume the entire risk as to the quality and performance of the Services.

The above disclaimer applies to any damages, liability, or injuries, whether for breach of contract, tort, negligence or any other cause of action.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL SINGLEOPS AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “SINGLEOPS PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF SINGLEOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, ANY OF THE SINGLEOPS PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICES, THE TOTAL AGGREGATE LIABILITY OF THE SINGLEOPS PARTIES FOR ANY AND ALL SUCH CLAIMS, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, IF ANY, TO USE OUR SERVICES HEREUNDER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

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

Indemnity

You agree to indemnify and hold the SingleOps Parties harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against a SingleOps Party by any third party due to or arising out of or in connection with (1) your access to or use of the Services; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.

Violation of These Terms of Use

You agree that SingleOps may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms of Use will cause irreparable harm to SingleOps for which monetary damages would be inadequate, and you consent to SingleOps obtaining any injunctive or equitable relief that SingleOps deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SingleOps may have at law or in equity.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Atlanta, Georgia.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.  YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OF USE.

Users Outside of the United States

SingleOps is operated in the United States. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions.

These Terms of Use, together with the Privacy Policy and any other legal notices published by SingleOps, constitute the entire agreement between you and SingleOps with regard to your use of the Services; provided, however, that if you have entered into a separate Master Subscription Agreement with SingleOps for the provision of subscription Services, (“MSA”), then in the event of any conflict between these Terms of Use and the MSA, the MSA shall control.

SingleOps’s failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by SingleOps of any provision or any right it has to enforce these Terms of Use.  Any such waiver must be in writing in order to be effective.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Canada

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.  

Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

SingleOps is located at 1075 Peachtree Street, NE, Suite 3225, Atlanta, GA 30309. Please contact us if you have any questions about our Terms of Use. You may contact us by sending correspondence to the foregoing address or by emailing us at support@singleops.com.

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