End-User License Agreement (“Agreement”)
Last updated: March 05, 2021
Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using Computrols Mobile App.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named Computrols Mobile App
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Computrols Inc., 2520 Belle Chasse Highway, Gretna, LA 70053.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: United States
Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions
You agree not to, and You will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
Privacy Policy
The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: [This Privacy Policy. This privacy policy describes Computrols’ current policies and practices with regard to personal data collected by Computrols through its websites, Computrols.com and WorldSTAT.net (hereinafter referred to collectively as “Computrols’ websites”). This privacy policy is independent from Computrols’ offline personal data collection practices. The term “personal data” refers to personally identifiable information about you, such as your name, birth date, e-mail address or mailing address, and any other information that is identified with you personally. Notification of Changes to This Policy. Computrols is continually improving and adding new functionality and features to its websites and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, Computrols’ data practices will change from time to time. Any changes that occur will be outlined on this page. Personal Data Collected Through Computrols.com. Other than cookies, as described below, the only personal data Computrols currently collects through its websites is the information you voluntarily give us when you use our sites. For example, you may use this site to contact Computrols with questions and comments. When you fill out a form on our websites, you may provide your name and other contact information, including your company’s name, your e-mail address, and your mailing address or the mailing address of your company or other personal information. If you do not wish to fill out all of the information on the form you are not required to do so. Most of our registration forms require only your name and e-mail address. When you submit information to us through Computrols.com or WorldSTAT.net, you will receive a confirmation e-mail if you enter a valid e-mail address. When you use our websites to search for information on products, you are not providing us with any personal information. We offer the search features as a service to you. Computrols does not collect or retain any identifying information about you when you use the search features. Use of Personal Data Collected Through Computrols.com. Computrols uses the personal data information you provide to answer your question or resolve your problem. Computrols and our affiliates also use this information to help us improve the content and functionality of our websites, to better understand our customers and markets, and to improve our products and services. Computrols and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. Similarly, we may provide “subscription” e-mail services which enable you to receive current news about Computrols products. For all such services, we will provide an opportunity to “opt-out” of, or cancel, the subscription. Anonymous Data Collected Through Computrols.com. In addition to the information you provide when you use our websites, Computrols uses technology to collect anonymous information about the use of our websites. For example, we use technology to track how many visitors access our websites, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which web browsers our visitors use and the address from which they accessed our sites (for example, if they connected to a Computrols website by clicking on one of our banner ads). This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our sites. Computrols and our affiliates use this anonymous data and share it with third parties to improve the content and functionality of our websites, to better understand our customers and markets, and to improve our products and services. Cookies. A cookie is a small piece of information that is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer and they cannot be used to discover the identity of a user. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not and whether you are required to accept the cookie to view certain content. Computrols may use cookies to “persist” a user session — that is, to maintain connection with a user as he or she moves through an application or series of web pages. The purpose of cookies in this context is to remember user inputs. For example, a “shopping cart” application records purchases up until the user reaches checkout. Personalization features also use cookies to identify groups of users and deliver appropriate content and services. Disclosure of Your Personal Data. Computrols may share some or all of the personal data collected through this website with our affiliates, who use this data in accordance with this Privacy Policy. Both Computrols and our affiliates may share personal data collected through its websites with third-party vendors who act for or on behalf of Computrols or our affiliates (for example, companies that provide support services to us, including data processing services, or that help us market our products and services). These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose. In addition, there may be some other, limited circumstances in which Computrols or our affiliates may share or transfer the personal data in our databases, for example, to comply with a legal requirement, for the administration of justice, to protect your vital interests, or in the event of a corporate sale, merger, reorganization, dissolution, or similar event. While no method of data transmission is guaranteed against unlawful third party interception or other misuse, Computrols uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities. Children. Computrols does not knowingly collect personal data from children under the age of thirteen. If you are under thirteen, please do not give us any personal data. If you have reason to believe that a child has provided personal data to Computrols, please contact us, and we will delete that information from our databases. Link to Other Sites. This privacy policy applies only to Computrols’ websites. Computrols and our affiliates operate other websites for different purposes and in different countries where different laws may apply. If you visit a Computrols website, please take a moment to review the privacy policy posted on that site to learn what personal data may be collected through that site and how it is processed. Computrols’ websites contain hyperlinks to websites that are not operated by Computrols or one of our affiliates. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. Computrols does not control these websites and is not responsible for their data practices. We urge you to review the privacy policy posted on any site you visit before using the site or providing any personal data about yourself. Governing Law. This privacy policy forms part of our website Terms and Conditions and as such shall be governed by and construed in accordance with the laws of the State of Louisiana. Questions About Our Privacy Policy. If you have any questions about this privacy policy or concerns about the way Computrols processes your personal data, please contact us.](This Privacy Policy. This privacy policy describes Computrols’ current policies and practices with regard to personal data collected by Computrols through its websites, Computrols.com and WorldSTAT.net (hereinafter referred to collectively as “Computrols’ websites”). This privacy policy is independent from Computrols’ offline personal data collection practices. The term “personal data” refers to personally identifiable information about you, such as your name, birth date, e-mail address or mailing address, and any other information that is identified with you personally. Notification of Changes to This Policy. Computrols is continually improving and adding new functionality and features to its websites and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, Computrols’ data practices will change from time to time. Any changes that occur will be outlined on this page. Personal Data Collected Through Computrols.com. Other than cookies, as described below, the only personal data Computrols currently collects through its websites is the information you voluntarily give us when you use our sites. For example, you may use this site to contact Computrols with questions and comments. When you fill out a form on our websites, you may provide your name and other contact information, including your company’s name, your e-mail address, and your mailing address or the mailing address of your company or other personal information. If you do not wish to fill out all of the information on the form you are not required to do so. Most of our registration forms require only your name and e-mail address. When you submit information to us through Computrols.com or WorldSTAT.net, you will receive a confirmation e-mail if you enter a valid e-mail address. When you use our websites to search for information on products, you are not providing us with any personal information. We offer the search features as a service to you. Computrols does not collect or retain any identifying information about you when you use the search features. Use of Personal Data Collected Through Computrols.com. Computrols uses the personal data information you provide to answer your question or resolve your problem. Computrols and our affiliates also use this information to help us improve the content and functionality of our websites, to better understand our customers and markets, and to improve our products and services. Computrols and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. Similarly, we may provide “subscription” e-mail services which enable you to receive current news about Computrols products. For all such services, we will provide an opportunity to “opt-out” of, or cancel, the subscription. Anonymous Data Collected Through Computrols.com. In addition to the information you provide when you use our websites, Computrols uses technology to collect anonymous information about the use of our websites. For example, we use technology to track how many visitors access our websites, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which web browsers our visitors use and the address from which they accessed our sites (for example, if they connected to a Computrols website by clicking on one of our banner ads). This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our sites. Computrols and our affiliates use this anonymous data and share it with third parties to improve the content and functionality of our websites, to better understand our customers and markets, and to improve our products and services. Cookies. A cookie is a small piece of information that is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer and they cannot be used to discover the identity of a user. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not and whether you are required to accept the cookie to view certain content. Computrols may use cookies to “persist” a user session — that is, to maintain connection with a user as he or she moves through an application or series of web pages. The purpose of cookies in this context is to remember user inputs. For example, a “shopping cart” application records purchases up until the user reaches checkout. Personalization features also use cookies to identify groups of users and deliver appropriate content and services. Disclosure of Your Personal Data. Computrols may share some or all of the personal data collected through this website with our affiliates, who use this data in accordance with this Privacy Policy. Both Computrols and our affiliates may share personal data collected through its websites with third-party vendors who act for or on behalf of Computrols or our affiliates (for example, companies that provide support services to us, including data processing services, or that help us market our products and services). These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose. In addition, there may be some other, limited circumstances in which Computrols or our affiliates may share or transfer the personal data in our databases, for example, to comply with a legal requirement, for the administration of justice, to protect your vital interests, or in the event of a corporate sale, merger, reorganization, dissolution, or similar event. While no method of data transmission is guaranteed against unlawful third party interception or other misuse, Computrols uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities. Children. Computrols does not knowingly collect personal data from children under the age of thirteen. If you are under thirteen, please do not give us any personal data. If you have reason to believe that a child has provided personal data to Computrols, please contact us, and we will delete that information from our databases. Link to Other Sites. This privacy policy applies only to Computrols’ websites. Computrols and our affiliates operate other websites for different purposes and in different countries where different laws may apply. If you visit a Computrols website, please take a moment to review the privacy policy posted on that site to learn what personal data may be collected through that site and how it is processed. Computrols’ websites contain hyperlinks to websites that are not operated by Computrols or one of our affiliates. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. Computrols does not control these websites and is not responsible for their data practices. We urge you to review the privacy policy posted on any site you visit before using the site or providing any personal data about yourself. Governing Law. This privacy policy forms part of our website Terms and Conditions and as such shall be governed by and construed in accordance with the laws of the State of Louisiana. Questions About Our Privacy Policy. If you have any questions about this privacy policy or concerns about the way Computrols processes your personal data, please contact us.)
By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section 11 shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us:
- By email: support@computrols.com
