Last updated on October 31st, 2019

This page describes the terms and conditions that govern your use of certain Agitare Technologies, Inc. digital products, including agitaretech.com website and mobile applications, offered by Agitare Technologies, Inc. (“AgitareTech”, “AT”, “us” or “we”). For information on how Agitare Technologies, Inc. collects, uses and shares any personal information, please see our Privacy Policy.

1.1 If you choose to use agitaretech.com (the “Site”), AgitareTech’s mobile sites, any of the features of this Site, including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Use between you and Agitare Technologies, Inc. (“AgitareTech”, “AT”, “us” or “we”).

1.2 We may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site and by continuing to use this Site, you agree to any changes.

1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING EMAIL TO: info@agitaretech.com
(SEE SECTION 8.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published on the Services (including, but not limited to blog posts, knowledgebase articles, screenshots, images, illustrations, video clips, also known as the “Content” as well as code snippets and source files, also known as the “Source Code”) are protected by copyright, and owned or controlled by the Agitare Technologies, Inc. or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content and Source Code accessed through the Service.

2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. Unless explicitly specified, the Contents is licensed under a Creative Commons Attribution 4.0 International License. Unless explicitly specified, the Source Code is licensed under the Apache License, Version 2.0.

2.3 Unless explicitly specified, you may modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Source Code (including software) in whole or in part according to the above mentioned licenses.

3.1 You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.

Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. AgitareTech encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to all or part of the Service.

3.2 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of AgitareTech, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by the Agitare Technologies, Inc. and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.

3.4 You grant AgitareTech a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for AgitareTech or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by AagitareTech, including any Submission posted on or to the Services through a third party.

3.5 You are solely responsible for the content of your Submissions. However, while AgitareTech does not and cannot review every Submission and is not responsible for the content of these messages, AgitareTech reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.

3.7 Any person involved in or affiliated with the production of a work reviewed on agitaretech.com or elsewhere in the Services may not submit a Readers’ Review for that work or competing works.

4.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not access parts of the Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Services, including the presentation or display of advertising. Being exposed to advertising is a condition of accessing the Services.

4.2 The Services contain links to other related internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless AgitareTech and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Use or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. AgitareTech reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 AgitareTech does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

9.1 These Terms of Use have been made in and shall be construed and enforced in accordance with Washington State law. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in Redmond, WA.

9.2 Nothing in these Terms of Use will serve to preempt the promises made in the Privacy Policy.

9.3 Correspondence should be sent to info@agitaretech.com.

9.4 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:

Notices of claimed copyright infringement should be directed to:

By mail:

Agitare Technologies, Inc.
8201 164th Ave NE, Suite 200
Redmond, WA 98052

Attention: Content License
(425) 202-5831

By email: info@agitaretech.com