Rampanttechnologies.com Privacy Policy And Terms Of Service – July 9, 2018
Thank you for visiting Rampant Technologies. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
Note: the privacy practices set forth in this privacy policy are for websites owned and operated by Rampant Technologies, LLC. If you link to other web sites, please review the privacy policies posted at those sites.
Collection of Information
We collect personally identifiable information of website visitors, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors.
Visiting Our Website
You are free to browse our Website without providing Personal Information. We do, however, collect Personal Information when you use one of our submission forms or subscribe to our informational newsletters and products and services updates.
What Personal Information Do We Collect?
When you voluntarily submit information through our submission forms, you are submitting Personal Information. This may include names, email addresses, phone numbers, city, state, country and company information. When submitting Personal Information through our submission form, you expressly consent to the collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy. Other information we collect includes public information that is available on the internet or other information that we obtain from service providers.
Cookies and Related Technologies
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
One of the third-party vendors we use for the tracking and collection of the site’s visitor information is AdRoll. AdRoll uses cookies, tracking pixels and related technologies to identify your device when you move between different websites and applications to provide target advertising on other sites or applications based on your online activity. To opt-out of AdRoll from receiving targeted advertisements, you may visit the NAI website opt-out page here: http://www.networkadvertising.org/choices/ or the DAA opt-out page here: http://www.aboutads.info/ or, for EU users, the EDAA opt-out page here: http://youronlinechoices.eu/.
We also use Google Analytics, which is a web analytics service provided by Google, Inc. (“Google”) to collect information relating to your use of the Site. Google Analytics uses cookies to help us analyze how users are interacting with the Website and provide you the most relevant content. For more information on Google Analytics, please visit Google’s website and their various pages describing Google Analytics, such as www.google.com/analytics/learn/privacy.html.
If you would like more information on the technologies that we use on our Website, please contact [email protected].
Distribution of Information
We may share information with governmental agencies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
Privacy Contact Information
If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:
By e-mail: [email protected]
By Phone: 1-855-RAMPANT
We reserve the right to make changes to this policy. Any changes to this policy will be posted.
Terms of Service
rampanttechnologies.com and all of its subdomains and aliases (the “Web Site” or “Web Sites”), are sites owned and operated by Rampant Technologies, LLC.. (referred to herein as “Rampant Technologies”, “we”, “us”, “our” and “ours”). The following terms and conditions (the “Terms of Service or Terms of Use”) form a binding agreement between you and us. Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use means any user or visitor of this Web Site.
Agreement
Please read these Terms of Use carefully. Your access to and use of this Web Site and any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Web Site (collectively, “Materials”) are subject to all applicable laws, rules and regulations and to all of the terms and conditions set forth in these Terms of Use.
By accessing or using this Web Site, you agree to be bound by these Terms of Use. If you are accessing or using this Website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit this Web Site and cease use of all Materials, as you are not permitted to access or use this Web Site or such Materials.
These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Web Site. You should always review these Terms of Use prior to your access or use of the Web Site or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Web Site following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by e-mail upon request.
YOUR ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES OR REGULATIONS.
Product & Services Information
All references on this Web Site to information, materials, products and/or services apply to information, materials, products and services available in the countries or jurisdictions specified only with respect to such information, materials, products and/or services only, unless otherwise stated. Nothing in this Web Site constitutes an offer to buy or sell our products or services in any jurisdiction. This Web Site is for information purposes only.
Ownership and Permitted Use of Materials
Unless otherwise indicated and except for materials in the public domain, this Web Site and its design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Materials provided on or through, this Web Site are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. All Materials are the exclusive and proprietary property of Rampant Technologies and/or its third-party licensors. ALL RIGHTS RESERVED.
The posting, display or other provision of any Materials on this Web Site shall not constitute a waiver of any right or interest of Rampant Technologies and/or its third-party licensors in such Materials. Except as expressly provided herein, nothing contained in these Terms of Use or the Web Site shall be construed as conferring by implication, estoppel or otherwise any license, interest or right in or to the Materials under any copyright, trademark or proprietary rights of Rampant Technologies or of any third party. Further, except as otherwise provided herein, no Materials (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third-party owner.
Subject to your compliance with the foregoing, permission is hereby granted to you to the extent necessary for you to lawfully: (a) access this Web Site and/or Materials made available on or through this Web Site; and (b) display, download, archive and print in hard copy portions of this Web Site for your personal, non-commercial and informational use only, provided that, you do not: (a) modify the Materials (or any portion thereof), (b) use the Web Site and/or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) use the Web Site to interfere, disrupt or attempt to gain unauthorized access to the Materials, other Rampant Technologies accounts, any restricted portions of the Web Site or any computer network or equipment; (e) use any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Materials or other data from the Web Site); (f) frame or otherwise simulate the appearance or functions of the Web Site (or any portion thereof); and/or (d) remove or alter any copyright, trademark and other proprietary notices and legends contained in the Materials or on the Web Site (and any printouts thereof). The foregoing permission is for the sole purpose of enabling you to use the Web Site and enjoy the benefit of the Materials as provided on the Web Site, in the manner permitted by these Terms of Use. We may modify the Materials from time to time, and, you are solely responsible for ensuring that you are using current and permitted Materials only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived or printed copies of the Materials, and, if requested by us, certify to us in writing that you have complied with the foregoing.
Violations
It is the policy of Rampant Technologies to provide for the termination, in appropriate circumstances, of Rampant Technologies customers and account holders who repeatedly violate these Terms of Use.
Disclaimer of Endorsement
Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the Web Site by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect the opinions of Rampant Technologies concerning the significance, priority or importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by Rampant Technologies, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by Rampant Technologies.
Minors
This Web Site is a business and commercial site. As such, it is not intended for children or minors. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into and to abide by and comply with these Terms of Use.
User-Generated Content
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.
You may from time to time be permitted to post content on the Web Site, submit e-mails or otherwise provide content to us in connection with your use of the Web Site or Materials (“User-Generated Content”). Any communication or material you post on the Web Site or transmit to us over the Internet is, and will be, treated as non-confidential and non-proprietary and is and will be solely your responsibility. Upon the transmission of any User-Generated Content to us, you expressly and hereby grant us perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable and non-exclusive permission to reproduce, display, publish, modify, distribute, disseminate and/or otherwise use or exploit such content for any lawful purpose, without compensation, notice or obligation to you, subject to our Privacy Policy. We are not required to use or return any User-Generated Content submitted to us. You represent and warrant that you own or otherwise control all rights, including, but not limited to, copyrights, in and to any such User-Generated Content, that all moral rights in and to any such User-Generated Content have been waived, and that the use of such User-Generated Content as permitted hereunder does not and will not infringe or violate the rights of any third party. All derivative works or other developments arising from or based on User-Generated Content, if created by us, shall be our exclusive property.
The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Web Site.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
Notwithstanding the foregoing, all personal data provided to us in connection with your use of this Web Site will be handled in accordance with our Privacy Policy.
Statements on Web Site
The documents contained on (or directly accessible from) this Web Site may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that Rampant Technologies or its management “believes,” “expects,” “anticipates,” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon.
There are a number of important factors that could cause Rampant Technologies actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR THE MATERIALS, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE, THE MATERIALS AND ANY WEB SITE WITH WHICH THIS WEBSITE IS LINKED. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, MAINTAINING AND ENSURING THE COMPATIBILITY OF ALL HARDWARE, SOFTWARE AND OTHER COMPUTER REQUIREMENTS NECESSARY FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE MATERIALS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER (A) THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, (B) USE OF THE WEB SITE AND ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE WEB SITE AND THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR (D) THE WEB SITE AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY THIRD-PARTY LICENSOR WILL BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEB SITE OR ANY MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Your use of the Web Site and the Materials is at your sole risk. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web Site or any web site with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Exclusion of Liability
To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, and contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of or inability to use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, this Web Site or the Materials or any web site with which this Web Site is linked. If you are dissatisfied with the Web Site or any Materials, your sole and exclusive remedy shall be to discontinue use of the Web Site and Materials and terminate these Terms of Use in accordance with its terms. To the maximum extent permitted by law, in no event shall Rampant Technologies or any third-party licensor’s total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited, to negligence) or otherwise) exceed in the aggregate the amount paid by you, if any, for accessing the Website or Materials.
Indemnity and Release
You agree to defend, indemnify, release and hold us harmless as well as our shareholders, officers, directors, agents, representatives, employees and third-party licensors from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to (a) your breach or violation of these Terms of Use; (b) your access or use of this Web Site or any of the information, materials, products or services made available on or through this Web Site; (c) any infringement or misappropriation by you of any intellectual property or other rights of Rampant Technologies or any third party; or (d) any negligence or willful misconduct by you.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Web Site (or any portion thereof) and/or the information, materials, products and/or services made available on or through this Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web Site.
Termination and Survival
These Terms of Use will remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by ceasing your use and access of the Web Site and Materials and by destroying all materials that you have saved, printed or downloaded from the Web Site. Notwithstanding any of the terms and conditions contained herein, we reserve the right, without notice and in our sole discretion, to terminate your permission to use the Web Site, and to block or prevent future access to and use of the Web Site and Materials. The provisions of these Terms of Use that by their nature and content are intended to survive the expiration or termination of these Terms of Use will survive such termination or expiration.
Entire Understanding
These Terms of Use contain the entire understanding between you and Rampant Technologies with respect to this Web Site and your use and access of this Web Site and of any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Web Site. Any other representations, statements, inducements, understandings, arrangements and agreements, oral or written, between you and Rampant Technologies, either prior or contemporaneous, relating thereto, not contained herein, are expressly made null and void, unless signed in writing by Rampant Technologies. For the avoidance of doubt, you agree that any terms and conditions provided in any Service Order or other document delivered to Rampant Technologies by you in connection with the Services shall in no way supersede the terms and conditions of this Agreement and are hereby declared null and void, unless signed in writing by Rampant Technologies. Should there be a conflict between these Terms of Use and any written and signed agreement between Rampant Technologies and any customer, the terms of such written and signed agreement shall control. Should any part of these terms for any reason be declared invalid, void or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain and continue in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use shall not operate as or be deemed a waiver by Rampant Technologies of any other breach of any such provision or any other provision herein or of the right to enforce such provision(s).
Applicable Law & Jurisdiction
While Rampant Technologies provides global products and services, our operations are located in Clearwater, Florida with AWS data centers geographically spread worldwide, and these Terms of Use are based on United States law. Access to, or use of, this Web Site or any information, materials, products and/or services made available on or through this Web Site may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing this Web Site. We make no representation that the information contained herein is appropriate or available for use in any location.
You agree that these Terms of Use are made and partially performed in the State of Florida, and that the state courts located within Pinellas County, Florida and the federal district court in the Middle District of Florida located in Tampa, Florida, without giving effect to any principles of conflicts of law, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to your access and use of this Web Site, and that the laws of the State of Florida shall govern such dispute or claim. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purposes of litigating any such action, and waive any defenses of lack of minimum contacts or forum non conveniens. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use may be taking place or originating.
The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any or all other remedies.