Terms of Use

If you have any questions, concerns, or comments about the terms of use below, please feel free to contact us.


Table of Contents

  1. General Information Regarding These Master Terms of Use ("Master Terms")
  2. Your Agreement to the Terms
  3. Changes to the Terms
  4. Provision of the Websites and Services Generally
  5. User Conduct
  6. Registered Users
  7. DISCLAIMER OF WARRANTIES
  8. LIMITATION OF LIABILITY
  9. Indemnification for Breach of Terms of Use
  10. Privacy Policy
  11. Trademarks
  12. Termination of this Agreement
  13. Miscellaneous Terms
  14. Free Trial & Refund Policy
  15. Creative Commons Attribution 3.0 License

1. General Information Regarding These Master Terms of Use ("Master Terms")

Please read these terms carefully because they apply to your use of all of the websites that PingMate operates (collectively, the websites to which these terms apply, the "Websites"), including the products and services provided through the Websites (collectively, the "Services"). Websites include, but are not limited to (collectively, together with all sub-domains thereof), http://PingMate.com

Unless otherwise agreed in writing with PingMate, your use of any Website or Service will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the "Master Terms."

In addition, your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the "Additional Terms." Where Additional Terms apply to a Website or Service, these will be accessible for you to read either within, or through your use of, that Website or Service.

The Master Terms, together with any Additional Terms, form a binding legal agreement between you and PingMate in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the "Terms." If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.

2. Your Agreement to the Terms

YOUR ACCESS OR USE OF ANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.

3. Changes to the Terms

From time to time, PingMate may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by PingMate it its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and PingMate that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.

4. Provision of the Websites and Services Generally

PingMate makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in accordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.

5. User Conduct

Users agree not to use the Websites or Services to:

  1. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
  2. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited or unwelcome solicitation or advertising;
  3. Post, use or transmit Content that contains software viruses 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 otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
  4. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  5. Intimidate or harass another;
  6. Use or attempt to use another's account, service, or personal information;
  7. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
  8. Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
  9. Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Websites or Services;
  10. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  11. Use the Websites or Services to access any computer, computer system, or network which is contrary to any applicable laws and regulations;

6. Registered Users

Registering for an account on any of the Websites, is void where prohibited. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.

Services offered to Registered Users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website. PingMate reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. PingMate disclaims any and all liability to Registered Users and third parties in the event CC exercises its right to modify or discontinue user accounts or related Services.

Free Accounts. "Free" accounts are provided by PingMate, which contain a subset of features available to paid accounts. The use of "Free" accounts are limited to (one) per individual, household, or organization.

Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to PingMate, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that PingMate has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.

Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Master Terms or applicable Additional Terms.

In addition, PingMate may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as PingMate deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by PingMate at any time and for any reason whatsoever, without notice.

In addition, PingMate reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by PingMate in its complete discretion.

7. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, PINGMATE OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PINGMATE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PINGMATE'S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINGMATE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

8. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL PINGMATE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS ("THE PINGMATE PARTIES") BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE PINGMATE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification for Breach of Terms of Use

You agree to indemnify and hold harmless the PingMate Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the PingMate Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

10. Privacy Policy

PingMate is committed to handling responsibly the information and data we collect through our Websites and Services and agrees to use your personal information in accordance with the Privacy Policy and the Terms. The Privacy Policy is hereby incorporated by reference into these Master Terms.

11. Trademarks

The Websites and Services may contain trademarks, service marks, logos and other names that are the property of PingMate or such other party as indicated with respect to that name or icon. They may not be used without PingMate's explicit and written permission.

12. Termination of this Agreement

These Master Terms and any Additional Terms will continue to apply until terminated by either you or PingMate as set out below. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to any of the Websites or Services.

PingMate may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Master Terms, Additional Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as PingMate deems appropriate in its sole discretion.

Your access to, and use of, the Websites or Services may be terminated by you or by PingMate at any time and for any reason. PingMate will use reasonable efforts to notify you in advance about any material modification, suspension or termination by CC that is not caused by your breach of the Terms.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

13. Miscellaneous Terms

These Master Terms and any Additional Terms are governed by and construed by the laws of the State of New York, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between PingMate and you concerning these Master Terms, any Additional Terms, and/or any of the Websites or Services shall be brought in a federal or state court of competent jurisdiction sitting in the county of Suffolk, New York, and hereby consent to the personal jurisdiction and venue of such court. Either party's failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and PingMate as a result of these Master Terms, any Additional Terms, or your use of any of the Websites or Services. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and PingMate relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by PingMate from time to time) between you and PingMate. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.

14. Free Trial & Refund Policy

PingMate will provide a 30-day free trial on all premium plans so that our customers can make a determination as to whether or not the services provided meet their needs. This free trial may be cancelled at any time via the account page prior to its conclusion, to avoid subscription charges. All charges made are non-refundable.

15. Creative Commons Attribution 3.0 License

The PingMate Terms of Use was adapted from the terms of use at Creative Commons and is used under a Creative Commons Attribution 3.0 license.

These Terms of Use are effective as of October 10, 2012.