Terms of Use
The following document outlines the terms of use of the measure.team website. It also includes our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE MEASURE.TEAM WEBSITE (THE "WEBSITE") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE OR USE THE SERVICE.
Copyright Notices
All content on measure.team is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Trademark Notices
The trademarks, service marks, logos, slogans and domain names referenced on the Website (the “Marks”), including but not limited to “Measure Team”, and the Measure Team logo, are either common-law service marks or trademarks or registered service marks or trademarks of the Company, or third party Marks licensed to the Company, and are protected by trademark laws in the United States and other countries, and international laws and treaties. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Website. You are not permitted to use any Marks displayed on the Website, metatags or any other “hidden text” utilizing Marks of the Company and its licensors, without prior written permission of the Company or such third party who may own the Mark.
LIMITATION OF LIABILITY
THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE AND SERVICES. THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO USE OR INABILITY TO USE THE WEBSITE AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE AND THE SERVICES. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY RELIANCE ON THE WEBSITE, THE SERVICE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER THE COMPANY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. THE COMPANY MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN OR MADE AVAILABLE ON THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY. TO THE EXTENT THAT TO CREATE OR MAINTAIN A FREE OR SUBSCRIPTION ACCOUNT, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE YOU MAY INCUR DUE TO FAILURE TO SAFEGUARD YOUR ACCOUNT DETAILS OR PASSWORDS. The Website may be interfered with by numerous factors outside the Company’s control, including but not limited to Internet disruptions, and failures of any data or telecommunications equipment, system or network used in connection with the Website. THE COMPANY ASSUMES NO LIABILITY FOR DISRUPTIONS OF THE WEBSITE OR THE SERVICE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE AND PERFORMANCE OF THE WEBSITE AND THE SERVICE, REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT GUARANTEE THAT THE WEBSITE IS SECURE OR IMPREGNABLE. THE COMPANY WILL NOT BE RESPONSIBLE IN THE EVENT OF SECURITY BREACH OR INFILTRATION OF ITS SECURITY SYSTEMS, PROVIDED THAT THE COMPANY HAS USED REASONABLE EFFORTS TO PREVENT ANY SUCH BREACH OR INFILTRATION. Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you. The Website may contain links to third party websites. The Company does not have control over third-party websites or their information collection practices and the practices of third-party websites are not covered by these Terms of Use or the Company’s Privacy Policy. We recommend that you consult the terms of use and privacy policies of the third-party websites or contact the websites directly for information about their practices.
Billing and Refund Policy; Upgrading and Downgrading Terms
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month or year immediately upon upgrading. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of content, features, or capacity of your Account. Last Call Media, Inc, does not accept any liability for such loss.
Account Suspension, Termination and Cancellation
The Company reserves the right to suspend or terminate the Services provided to you without notice, in the event that payment is refused on a credit card that you have provided for the purpose of payment, or if we have cause to believe that you have violated these Terms of Use or the Company’s Privacy Policy, or in the event the Company believes that suspension or termination is necessary or advisable for the purpose of compliance with applicable law. Termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings link in the global navigation bar at the top of the screen. The Account & Billing page provides a simple delete link at the bottom of the page.
All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Privacy
The terms and conditions of the Company’s Privacy Policy as may be in effect from time to time, apply to collection and use of your information and is made a part of these Terms by this reference.
Indemnification
You agree to indemnify and hold the Company, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and Company licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Website and the Service; (ii) content you submit, post, transmit or otherwise make available via the Website and the Service; (iii) your violation of these Terms & Conditions of Use or the Company’s Privacy Policy. This indemnification obligation will survive the termination of your Measure Team account or these Terms & Conditions of Use.
General
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The user’s access to and use of the Company Website, and the terms of the above disclaimers are governed by the laws of the State of Massachusetts.
These Terms & Conditions of Use constitute the entire agreement between you and the Company relating to your use of and accessing to the Websites.
Privacy Policy
The Measure Team website at measure.team (the “Website”) is made available by Last Call Media, Inc., a Massachusetts S Corporation company (“Measure Team”). Measure Team respects your privacy and recognizes your need for appropriate protection and management of your personal information, such as your name and email address. Please read this Privacy Policy and Data Processing Agreement to understand how your personal information is collected and used by us and check back often for updates. Contact us with any questions you may have by emailing info@measure.team.
WHAT INFORMATION DOES MEASURE TEAM COLLECT AND HOW?
Website visits
When you visit our Website, we will likely place a “cookie” on your hard drive during the web visit. We use cookies to help us track the number of unique visitors to our Website, whether or not those visitors are repeat visitors, and the source of the visits. Cookies also allow us to collect information about you and your visit to our Website, such as IP address, browser, flash version number, operating system, screen resolution, time of visit, etc. A cookie is a small string of text that a website can send to your browser, for the purpose of enhancing our understanding of site user activity and your visit to the website. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your email address. You can set your computer settings to alert you when a cookie is being placed. You may also clear all cookies saved to your computer or disable cookies by using the relevant selection in your internet browser. Please note, however, that permanently disabling cookies may hinder your use of websites and interactive services.
Our Website uses third-party tools (eg. Google Analytics) that may also use cookies to collect anonymous data. We have no control over how third-party tools use cookies.
During a Website visit, you may also elect to provide us personal information, such as your name and contact details, via email, web based forms, or other means.
If you choose to subscribe to use the Service, we will ask you to provide credit card or account information in order to process your order. Financial information provided via our Website is transferred over a secure connection. Our Website does not save your credit card information. We use tokenization to associate payment information to your account. Your credit card information is saved by a third party service provider that we use for credit card processing services and with which we maintain a written agreement to ensure appropriate security and confidentiality measures are in place to safeguard your personal and financial data. We will not authorize the release of your personal or financial information to anyone not directly involved in processing the transaction. This information may be encrypted and stored for logging purposes in accordance with applicable regulatory requirements. Credit card numbers are used only for processing payments and are not used for any other purposes.
Use of the Measure Team Service
The Measure Team Service is an online tool for capacity planning and resource modeling. Information that you upload for the purpose of establishing and maintaining a trial or subscription account to use the Measure Team Service may include the name, email, phone number and photo of yourself or your colleagues or employees. The information is displayed to users of your Measure Team account, including the account owner, administrators and team members, as well as anyone else to whom you provide log in credentials. You are responsible for the data that you and users authorized by you input to the Service and for the compliance of such data with applicable law, including but not limited to data protection laws.
HOW Measure Team USES YOUR PERSONAL INFORMATION
Measure Team does not sell, trade or rent your personal information to others. We will not disclose your personal information to others without your express permission, other than as set forth in this privacy policy. Measure Team does not supplement the personal information provided by you with information collected from other sources.
When you choose to provide us your email address, we may use it to reply to a message that you have sent to us. We may also use your email to contact you from time to time regarding updates or enhancements to the Measure Team Service, or to our policies, or to send you other information that we feel may be of interest to you.
We may also release your personal information when we believe release is appropriate to comply with the law or to protect the rights of Measure Team or others. Your personal information is, of course, subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders.
HOW DOES MEASURE TEAM PROTECT YOUR PERSONAL INFORMATION?
Personal information you provide us is stored in a secure third-party database in encrypted format and sent and received over a secure SSL connection.
REVIEWING, CHANGING, EXPORTING AND DELETING YOUR PERSONAL INFORMATION
At any time, you may review, change, export and delete information that you input to the Measure Team Service directly by using the tool’s functionality. You may also request to view or update the personal information that is associated with your account and stored by Measure Team.
You have the right to data portability. We offer a number of ways for you to export your data, via both CSV and API formats.
You may also request that we correct or delete some or all personal and/or non-personal information that we have collected about you. We will promptly fulfill your request and provide you confirmation when the information has been corrected or deleted. To request any change or deletion of your personal information, or your entire Measure Team account, send a request to info@measure.team.
CHANGES IN THIS PRIVACY POLICY
By accessing the Measure Team Website, you agree to the terms of this Privacy Policy as it may be amended from time to time. Any updates to this Privacy Policy will be posted here. We will notify you of any changes by sending you an email.
DO YOU HAVE QUESTIONS OR CONCERNS?
If you have any questions regarding this Privacy Policy or our information practices, or any concerns about the security of your personal information, please contact us at info@measure.team.