Allocadence
Terms of Service

Here are our Terms of Service for use of Allocadence. Even though we'll try our best to dispense with the legalese, you should read this agreement carefully since it's still a legal agreement. You will accept these Terms of Service electronically by accessing or using Allocadence. Of course if you do not understand or agree with these Terms of Service please call or email us prior to accepting them.

So that we are clear, here are some definitions that will be used throughout these Terms of Service.

• "You" or "Your" means the corporation, entity, or person agreeing to these Terms of Service in order to use Allocadence.
   

• "Allocadence" that is us who makes Allocadence. We may refer to ourselves in this agreement as "Allocadence", "us", "we", or "our".
   

• "Allocadence" means the web-based software service supplied by us. This includes any enhancements, upgrades, bug fixes, new versions, and other modifications and amendments to Allocadence.

What kind of license do I receive?

As soon as we process your payment, you will receive a non-exclusive license to use Allocadence. This non-exclusive license will continue until you cancel or there is a breach of this agreement. Additionally, you promise to use Allocadence only for your company's own use. While we like sharing, you cannot share the use of Allocadence with anyone else, and you cannot transfer your rights or allow anyone outside of your company to use Allocadence.

By using Allocadence, we both agree that we can use each other's logos on our respective websites provided that the use of our logos is limited to statements of facts. You can revoke our right to use your logo anytime for any reason by emailing us at support@allocadence. We may do the same by emailing our notice to the email addresses we have on file for you.

How to cancel

To cancel, we must receive your notice prior to the start of the new contract term period. To cancel, simply reach out to our support team via email (support@allocadence.com) or phone (+1 (602) 613-4464) , and we can help you. You are responsible for whatever charges have already been incurred for the current contract term period.

Who owns Allocadence?

As you may have guessed, we own Allocadence and we retain all rights, titles, and interests to and in Allocadence. This includes any and all enhancements, modifications, and updates. You may not rent, lease, distribute, modify, adapt, reverse engineer, decompile, disassemble or create a derivative of Allocadence. In short, don't mess with Allocadence unless we let you know in writing that it's okay. If You discover or know of anyone using Your account or password, please let us know immediately.

Your data

You own Your data. In fact, the data used, processed, hosted, or stored shall be your property. You are responsible for that data and following any rules, laws, or regulations including, but not limited to, honoring others brands and intellectual property.

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If You make a request within thirty (30) days after You cancel the Service or the Agreement is terminated, Allocadence will make reasonable efforts to make Your data available for export or download in a commercially reasonable format. After a thirty (30) day period, Allocadence will have no obligation to maintain or provide any data and as provided will delete or destroy all copies of Your data, unless legally prohibited.

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Allocadence also may interrupt service from time-to-time for testing, traffic performance, enhancements, or maintenance purposes. We try to do this during non-peak hours, but Allocadence cannot guarantee that this will always be the case. Allocadence strives for 99.5% uptime excluding maintenance.

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Use with your mobile device

In some situations, Allocadence may be available for use through a compatible mobile device. You agree that you are solely responsible for ensuring its mobile device supports Allocadence requirements. You also agree that you are solely responsible for any applicable charges, updates, and fees and as well as the terms of Your agreement with Your mobile device and telecommunications provider.
 

ALLOCADENCE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATIONS SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTING CONNECTED WITH THE SERVICES.

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Here comes the legal stuff

ALLOCADENCE IS PROVIDED "AS-IS" AND "AS AVAILABLE" YOU DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION. VERBAL OR WRITTEN STATEMENTS MADE BY ALLOCADENCE OR ANY REPRESENTATIVES DO NOT CONSTITUTE WARRANTIES AND SHALL NOT BE RELIED UPON BY YOU IN DECIDING WHETHER TO LICENSE ALLOCADENCE. LICENSEE ACKNOWLEDGES THAT IT ASSUMES FULL RESPONSIBILITY FOR THE SELECTION AND USE OF ALLOCADENCE TO ACHIEVE ITS INTENDED PURPOSES. ALLOCADENCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ALLOCADENCE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ALLOCADENCE IS INTERRUPTION OR ERROR FREE. YOU ADDITIONALLY DISCLAIM ALL OBLIGATIONS AND LIABILITIES FOR DAMAGES, ATTORNEY FEES AND COURT COSTS ARISING FROM OR IN CONNECTION WITH THE USE OF ALLOCADENCE UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

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Allocadence’s entire liability and your sole and exclusive remedy for breach of the foregoing warranty or for any other legal, equitable, or statutory claims, shall be, at our option, to either (i) return to you the license fee for the period in which Allocadence did not perform according to this warranty; or (ii) repair the defects or replace Allocadence. IN NO EVENT SHALL ALLOCADENCE BE LIABLE FOR CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, MORAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES INCURRED FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, ALLOCADENCE, FOR ERRORS CAUSED BY IMPROPER CONFIGURATION OR INSTALLATION OF ALLOCADENCE, OR FOR ANY INTERRUPTION OF SERVICE.

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You agree to indemnify us and hold us harmless for any claims brought against us arising in whole or in part out of the claims brought against us involving tracking, mishandling, or misplacing items while using Allocadence.
 

Are you authorized to make this agreement?

We need to make sure that the person with authority has read and agreed to the Terms of Use of Allocadence. So, you therefore represent and warrant that the person checking the box, clicking next, signing, or authorizing these Terms of Service on your behalf is authorized to do so and has explicit authority to do so.

Is there privacy?

Yes, we believe privacy is important. To that end, we have a privacy agreement that is on our website. These Terms of Service are subject to the Terms of Use and Privacy Agreements. Sometimes we modify these agreements. Please check out our website for these documents.
 

What happens if we disagree on something?

We don't like confrontation, and we hope to have a long term business relationship. If a problem does arise, we agree to submit any claims to binding arbitration in Maricopa County, Arizona. Specifically, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN COURT. If our problem or dispute goes to binding arbitration, the Federal Arbitration Act governs the interpretation and enforcement of this provision, and the arbitrator shall apply Arizona law to all other matters. If it becomes necessary to submit a claim to binding arbitration, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and expenses in addition to any other relief to which it may be entitled. Notwithstanding anything to the contrary, either party may at any time seek injunctions or other forms of equitable relief from the court. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. Jurisdiction and venue are proper in Maricopa County, Arizona. Finally, this Agreement is governed by the laws of the State of Arizona, excluding that State's choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall be likewise be governed by the laws of the State of Arizona, excluding that State's choice-of-law principles.

Here are some general provisions that our attorney again made us put in

We may make changes to these Terms of Service from time to time. Therefore, we reserve the right to do so. The changes will be effective when posted or when we notify you by other means. By checking a box or clicking the Accept button, or by continued use of Allodacence, you are agreeing to the changes.

Nothing in this Agreement will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between us.

The headings, statements, or annotations in the Terms of Service are to make the Terms of Service easier to read and do not have any legal effect on the Terms of Service.

This license in addition to any Terms of Use and Privacy Statements is the entire agreement between the parties. This agreement supersedes all prior understandings, agreements, and documentation relating to such subject matter.

The rights by this License cannot be assigned by you without our prior written consent.

Exporting stuff

You may not use or otherwise export or reexport Allocadence except as authorized by United States law and the laws of the jurisdiction in which Allocadence was obtained. In particular, but without limitation, Allocadence may not be exported or reexported (i) into (or to a national resident of) any U.S. embargoed country, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using Allocadence, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

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