We at Alekstra Corporation ("We", Us") welcome you to RatemizerTM (the "Service").
Your use of the Service constitutes your acceptance of the Terms. Consequently, if you do not agree with the Terms, or do not understand them, please do not use the Service.
From time to time, we may modify or amend the Terms. If we do so, we will post any such modifications or changes in the Service. If you continue to use the Service following such a posting, you accept any such change or modification.
We wish to remind you that your use of, or reliance on, any material or content posted in the Service is at your own risk.
We will not, under any circumstance, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content posted, e-mailed, transmitted, or otherwise made available in the Service.
PLEASE BE REMINDED THAT WE DO NOT GUARANTEE ANY SAVINGS THAT MAY RESULT FROM YOUR USE OF THE SERVICE. YOUR ABILITY TO REALIZE ANY SAVINGS AS MAY BE INDICATED IN THE SERVICE AND YOUR ABILITY TO SWITCH MOBILE DEVICE OPERATORS THAT REALIZING ANY SAVINGS MAY REQUIRE MAY BE SUBJECT TO EARLY TERMINATION FEES AND THE LIKE CHARGED BY YOUR CURRENT MOBILE DEVICE OPERATOR. IN ADDITION WE DO NOT TAKE INTO CONSIDERATION INTERNATIONAL OR ROAMING TRAFFIC COMPONENTS THAT MIGHT EFFECT THE OUTCOME OF THE SAVINGS CALCULATION. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY TO REALIZE ANY SAVINGS ON YOUR MOBILE DEVICE SUBSCRIPTION.
We may, but have no obligation to:
- Remove any material or content from the Service; and
- Restrict access to any part of the Service at any time in our sole discretion and without advance notice.
II. Description of the Service
The Service is a personal mobile device usage management tool, which gives individual users information that enables them to identify a mobile device subscription that is the most cost-effective for the user based on his or her average historical usage. Based on such information, the Service may also present information relating to third party products or services.
These Terms govern the use of the Service and by registering with the Service or Using the Service You accept the Terms.
IV. User Rights
Subject to these Terms, we grant you a non-exclusive, non-transferable and non-sub-licensable right to use the Service for your own personal and/or internal purposes and only as set forth in these Terms ("License").
V. Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your e-mail address, allows you to access the Service. That e-mail address and password, together with any mobile device number or other contact information you provide form your "Registration Information."
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in plain text in the text of the e-mail or through a link to the appropriate page on our website, accessible through any standard, commercially available Internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify us immediately at the email address email@example.com.
VI. Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes.
Accurate records enable us to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our "Select Operator" form, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that we, in our sole discretion, may elect to take.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to us in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
VII. Account Information from Third Party Sites
By using the Service, you may direct us to retrieve your own mobile device usage information maintained online by third-party communications service providers with which you have a customer relationship ("Account Information"). We are not responsible for the products and services offered by or on any third-party sites. Moreover, we may be unable to foresee or anticipate technical or other difficulties, which may result in failure to obtain Account Information. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Account Information.
By submitting information, data, passwords, usernames, PINs, other login information, materials and other content to us through the Service, you are licensing that content to us for the purpose of providing the Service. We may use and store the content to provide the Service to you or to use this content for analytical, statistical or commercial purposes. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations. If you submit us the information specified above and hereby enable us to access the Account Information of third parties (for example, but not limited to, Account Information of your friends, relatives, etc.), you accept and warrant that you have the right to do so in accordance with these Terms.
By using the Service, you expressly authorize us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Select Operator" feature of the Service, you will be directly connected to the website for the third party you have identified. We will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit us to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and solely to provide the Account Information to you as part of the Service, you hereby grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.
VIII. Premium Services
Premium Services are available in the Service. Premium Service purchase is valid for twelve (12) months from the date of purchase. By using the Service and selecting Premium Services that are offered to you for a fee according to the current price list, you agree to pay us the fees indicated for such services. Applicable fees will be charged from you and payments will become due upon purchasing a Premium Service.
IX. Intellectual Property
These Terms confer only the right to use the Service for your personal, internal, and non-commercial use only, while these Terms and the specified license(s), if any, are in effect and they do not convey any rights of ownership in or to the Service. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent. All right, title and interest, including without limitation any copyright, patent, trade secret, look and feel of the Service, or other intellectual property right in the Service are protected under both United States and other applicable copyright, trademark and other laws and will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us.
X. Privacy and Security
- Not engage in unauthorized collection of users' content or information, and/ or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
- Not utilize any Registration Information, as defined above, that belongs to another person and intending to impersonate that person; and
- Not provide any false personal data to us or create any user account for anyone other than yourself without such person's permission.
Please be reminded that you must protect any passwords or other credentials associated with your account(s) for the Service, and take full responsibility for any use of the account(s) under your password.
We may modify these Terms from time to time. Any such modifications will be posted in the Service. In addition, the Terms will always indicate the date when they were last revised. Your continued use of the Service following the posting of such modifications constitutes your acceptance and agreement to be bound by such modifications.
(i) The Service is Available "AS-IS"
Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, your inability to realize savings, or other harm that results from your access to or use of the Service. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content maintained in the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis, or that the Service will be free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information. No advice or information, whether oral or written, obtained from the Service or our representatives, will create any warranty not expressly made herein.
(ii) Links to Third Party Websites
The Service may contain links to websites owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third- party website you accept that we do not exercise any control over such websites or their content. We have no responsibility of the content of any third-party website. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.
(iii) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ANY EVENT, OUR TOTAL LIABILITY IS LIMITED IN AGGREGATE TO THE VALUE OF THE PAYMENT(S), IF ANY, YOU HAVE MADE TO THE SERVICE.
You agree to indemnify and hold us harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
(v) Entire Agreement
These Terms are the entire agreement between you and us regarding the Service, and the Terms supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Service.
(vi) Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
(viii) Governing Law and Resolution of Disputes
The laws of Finland, without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Helsinki, Finland. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
The Service is operated and provided by Alekstra Corporation. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
XV. Term and Termination
We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service at any time.
All covenants, agreements, representations and warranties made in these Terms shall survive the termination of your use of the Service and the termination of these Terms.