Terms of Use

Terms of Service

Last updated: July 26, 2016

Welcome to Allocable! By using our Services, you agree to these Terms of Service, which is a legal agreement. If you are using our Services for an organization, you are agreeing to these Terms on behalf of that organization.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY USING OUR SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, OR ANY PORTION OF THESE TERMS (INCLUDING ANY PORTION OF OUR PRIVACY POLICY), YOU MUST NOT ACCESS OR USE OUR SERVICES.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR SERVICES IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS.

Relationship to Existing Services Agreement. If you and we have entered into a separate services agreement (an “Existing Services Agreement”), then these Terms apply to you only to the extent that they do not conflict with that Existing Services Agreement or to the extent that these Terms cover subject matter outside the scope of that Existing Services Agreement.


    1. Definitions

      When we say, “we”, “our”, or “us”, we’re referring to Allocable, LLC, a Florida limited liability company.

      When we say “you” or “your”, we are referring to the person or entity that is using our Services.

      When we say “Terms”, When we say “Terms,” we mean these Terms of Service, which includes our Privacy Policy and any other documents or terms incorporated into these Terms of Service by reference.

      When we say “Websites”, we mean our websites located at Allocable.com, Allocable.co, Allocable.net, Allocable.org, and Allocationapp.com, including all subdomains and sites associated with those domains, and other websites that we own or operate now and in the future.

      When we say “Services”, we mean, collectively, our Websites, Application Programming Interfaces (“APIs”), applications, our content, and any other services or mediums (or portions thereof) through which you access these Terms.

      When we say “Your Content”, we mean any and all content and information that you submit on or through our Services, including Your Information and User Generated Content.

      When we say “Your Information”, we mean certain information about you that is of a confidential nature and may include personally identifiable information.

      When we say “User Generated Content” we mean information, statements and other communications that you may contribute, publish, post, submit, transmit or display (collectively, “post”) on our Services or a portion thereof that acts as a venue, such as through blogs, messaging, chat rooms, bulletin boards, comments and testimonial pages and other public forums (collectively, the “Forums”).

    2. Your Compliance with These Terms

      You acknowledge that your ability to access, use or interact with our Services is reasonable and valuable consideration for your agreement to comply with these Terms.

      You represent that you have the capacity to be bound by these Terms or, if you are acting on behalf of a company or other entity, that you have the authority to bind, such company or entity. In order to determine your compliance with these Terms, we may monitor your access and use of our Services in accordance with our Privacy Policy.

    3. Our Services Are Not Intended for Minors

      Our Services are intended to be accessed and used only by adults and are not directed to minors. As stated in our Privacy Policy, we do not knowingly collect personally identifiable information relating to anyone under the age of 13 and you should not provide us with any personally identifiable information regarding any individual under the age of 13. If you are below the age of 18, you may only access, use and participate in our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

    4. Your Access to and Use of our Services

      You may use our Services only as permitted by us, only for lawful purposes and only in accordance with these Terms. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. You may use our Services only in good faith for yourself or others on whose behalf you are authorized to act. You may not access or use our Services for any other purposes, including in order to make false, libelous or fraudulent statements. Without limiting the generality of the foregoing, you may not and may not assist, encourage, support or enable others to:

      • Use our Services in any way that violates any applicable federal, state, local or international law or regulation, or the rights of a third party;
      • Unlawfully defame, abuse, harass, offend or threaten anyone or any entity through the use of our Services;
      • Engage in any conduct that restricts or inhibits, or prevents access, use or enjoyment of our Services, or which, as determined by us, may harm us or users of our Services or expose them to liability;
      • Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Services, including their ability to engage in real time activities through our Services;
      • Use any robot, spider or other automatic device, process or means to access our Services for any purpose, including monitoring or copying any of the material on our Services;
      • Use any manual process to monitor or copy any of the material on our Services or for any other unauthorized purpose without our prior written consent;
      • Use any device, software or routine that interferes with the proper working of our Services;
      • Introduce any viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material to, on or through our Services;
      • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Services, or any servers, computers or databases on which our Services our stored;
      • Attack our Services via a denial-of-service attack or a distributed denial-of-service attack;
      • Disassemble, decompile or reverse engineer any of our Services or attempt or assist anyone else to do so, unless such restriction is prohibited by law;
      • Otherwise attempt to interfere with the proper working of our Services; or
      • Otherwise violate these Terms.

      We may, from time to time in our sole discretion, cancel your access to our Services for any reason, including as a result of any breach or suspected breach of these Terms.

      Your access and use of our Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we may, from time to time in our sole discretion, elect to take. We may suspend or discontinue the availability of our Services or any portion or feature of our Services from time to time in our sole discretion and without prior notice to you. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to all or any part of our Services by users.

      You are solely responsible for making all arrangements necessary for you to access our Services, and are solely responsible for all costs of such arrangements, including, without limitation, all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of our Services.

    5. Your Information and Security

      You Must Maintain the Integrity of Your Information. To access or use certain Services, you may be required to provide us with Your Information. If you provide Your Information to us, then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Our collection, use and disclosure of Your Information are governed by these Terms, including the terms of our Privacy Policy.

      You Must Maintain the Security of Any Password Issued to You. If our Services require you to create a password to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password. You acknowledge that your password and related account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password or other security information. We will not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, from time to time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of these Terms.

      You Must Notify Us of a Breach. You must immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of these Terms, or any other breach of security known to you in connection with our Services by sending an e-mail to us at: legal@allocable.com.

      You Must Comply with These Terms and All Applicable Law. You must comply with these Terms and all applicable local, state, national and international laws, regulations or rules. Your Content or other materials or information submitted by you on or through our Services may not violate these Terms, or any applicable local, state, national and international laws, regulations or rules.

    6. Submission of Your Content

      In the course of using our Services, you may submit Your Content on or through our Services. Where our Services or a portion thereof act as a Forum, you may post User Generated Content to such Forum. Any User Generated Content you post on the Forums is Your Content.

      You should immediately report problems with the Forums to us at: legal@allocable.com.

      Responsibility for Your Content. We are not involved in the preparation or actual transmission of Your Content. As a result, you alone are responsible for Your Content, and you assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. By submitting Your Content on or through our Services, you represent and warrant that you own, or have the necessary permissions to use and authorize the use of Your Content as described in these Terms and our Privacy Policy and that Your Content will complies with these Terms. You may not imply that Your Content is in any way sponsored or endorsed by us.

      You acknowledge that Your Content may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

      When you post User Generated Content on any Forum, you acknowledge and agree that such User Generated Content may be read, collected, and used by other users of the particular Forum. Additionally, you acknowledge and agree that we may use your User Generated Content to market our Services or other products or services offered by us, for example, by posting your User Generated Content or portions thereof (including any of Your Information included by you in your User Generated Content) on any other Forum owned or operated by us, or to which we otherwise have access.

      Any content that you post on the Forums, including, without limitation, Your Information and User Generated Content, is posted at your sole risk, and you acknowledge that we cannot control the actions of other users of our Forums. You understand and acknowledge that, even after removal, copies of Your Content posted on the Forums may remain viewable in cached and archived pages, or might have been copied or stored by other Forum users.

      Use of Your Content. We may use Your Content as necessary to provide our Services to you and as otherwise set forth in our Privacy Policy. We have no obligation to retain or provide you with copies of Your Content. Please note that, by submitting Your Content, you irrevocably grant us, your authorized users and third party service providers that assist us in providing our Services the license and right to access and use Your Content in accordance with these Terms.

      Your Content Standards. These content standards apply to any and all of Your Content and use of our Services. Your Content must, in its entirety, comply with all applicable federal, state, local and international laws, ordinances and regulations. Without limiting the foregoing, Your Content must not:

      • Contain any material that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, color, pregnancy, national origin, handicap, marital status, veteran status, gender identity or expression, genetic information, or any other characteristic protected by federal, state, or local law;
      • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person (including our rights);
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
      • Contain any material that is false, inaccurate or misleading;
      • Promote any illegal activity, or advocate, promote or assist any unlawful act;
      • Involve or contain commercial advertisements or solicitations, including contests, sweepstakes, other sales promotions, barter or advertising, without our prior written consent, which consent may be withheld in our sole discretion;
      • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
      • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
      • Contain or constitute chain letters, mass mailings, political campaigning or any form of “spam”; or
      • Contain any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that encompass contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

      We Do Not Endorse User Content. We are not involved in the preparation or actual transmission of Your Content or any other content submitted by your authorized users on our through or Services, including User Generated Content (Your Content and such other content, collectively, “User Content”). As a result, we do not approve or endorse User Content, and you acknowledge and agree that we (i) have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Content posted by you or any other person or entity; and (ii) will have no liability to you as a result of your submission or posting, access or use of, or reliance on, such User Content.

      User Content posted by other users may be inaccurate. Additionally, you may find User Content posted by other users to be offensive, harmful, indecent, or deceptive. Please use caution and common sense, and do not rely solely on User Content.

      Our Actions with Respect to User Content. Although we do not regularly review User Content, we may, from time to time in our sole discretion, remove or edit any User Content. You acknowledge and understand that we are under no obligation to enforce these Terms on your behalf against another user.

      Pursuant to our Privacy Policy, we may review postings made by you to determine, in our sole discretion, your compliance with these Terms. Without limiting the foregoing, we have the right to:

      • Take any action with respect to any User Content that we deem necessary or appropriate, in our sole discretion, including removal of any User Content if we believe, in our sole discretion, that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Services or the public, or could create liability for us;
      • Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of our Services; and
      • Terminate or suspend your access to all or part of our Services for any or no reason, including any violation of these Terms.

      Additionally, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. YOU WAIVE AND HOLD US (AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    7. Intellectual Property Rights

      Our Intellectual Property Rights. Our Services and their entire contents, features and functionality (including all information, text, software, displays, images, video, audio names, graphics, logos, page headers, button icons, scripts and service names, and the design, selection and arrangement of the foregoing) are owned by us, our licensors or other providers of such material and are protected by United States or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not use our or any third party proprietary marks available on the Services (“Proprietary Marks”) without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on or within our Services. Any third-party names, trademarks and service marks are property of their respective owners.

      The information, advice, data, software and content viewable on, contained in or downloadable from our Services, including all User Content (collectively, “Content”), including all text, graphics, charts, pictures, photographs, videos, images, line art, icons and renditions, are copyrighted or trademarked by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (“Collective Work”). All software used on or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content (including any software) or the Collective Work.

      Your Use of Content. Subject to your compliance with these Terms and Conditions, and subject to and without limiting any additional and applicable terms and conditions regarding the use of certain Content, we grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, in each case solely for your non-commercial use; providedhowever, that you will not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not (a) modify the Content or the Collective Work; (b) utilize the Content or the Collective Work for any commercial purpose or any other public display, performance, sale or rental; (c) decompile, reverse engineer or disassemble the Content and the Collective Work; or (d) transfer the Content or the Collective Work to another person or entity.

      Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by these Terms, is permitted by you without our prior written permission, which may be withheld in our sole discretion. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks, or provide links to or frame our Services, without our prior written permission, which may be withheld in our sole discretion.

      You are solely responsible for your use of the Content, the Collective Work and any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding Proprietary Marks, Content (including any software), the Collective Work or any other harm incurred by us as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using Proprietary Marks, Content (including any software) or the Collective Work for purposes that are contrary to the terms and conditions of these Terms.

      Access and Interference. You will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission, which may be withheld in our sole discretion. Additionally, you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content or Collective Work (except for Your Information) from our Services without our prior written permission, which may be withheld in our sole discretion, and the permission of the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services. We may, without prior notice to you, immediately disconnect your access to and use of our Services if you interfere or disrupt our Services.

      Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose of, and solely to the extent necessary, creating publicly available search indices of the materials on or within our Services, but not caches or archives of such materials. We may revoke these exceptions either generally or in specific cases. You will not collect or harvest any personally identifiable information, including account names, from our Services. You will not use any communication systems provided on our Services (such as Forums, messaging features or e-mail) for any commercial or solicitation purposes. You will not solicit for commercial purposes any users of our Services via image, video, text or any other method without our prior written consent, which may be withheld in our sole discretion.

      Your Intellectual Property Rights. Subject to the rights and licenses you grant under these Terms, to us, your authorized users, and third party service providers that assist us in providing our Services, you (or your licensors) own Your Content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us. Notwithstanding the foregoing, you acknowledge and agree that all ideas, comments, suggestions and/or other feedback regarding our Services (collectively, “Feedback”) that you include in Your Content will be our sole and exclusive property, and you hereby irrevocably assign to us all right, title and interest in and to such Feedback. You acknowledge and agree that we may be use any and all Feedback on a non-confidential and unrestricted basis, without compensation and without notice to you.

    8. Third Party Materials

      We may provide on or through our Services links or access to other websites, mediums, content or materials belonging to our advertisers, business partners, affiliates and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We accept no responsibility for such third parties or for any loss or damage that may arise from your use of the third-party links or the products or services of those third parties. We do not guarantee that the terms, prices or other content offered by any particular advertiser, business partner, affiliate or other third party on or through our Services are accurate or the best terms or lowest prices available in the market.

      You acknowledge and agree that we are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. All third-party materials and links are provided solely as a convenience to you. If you decide to access any of the third-party websites or mediums, you do so entirely at your own risk and subject to the terms and conditions of use of such third-party websites and mediums.

    9. Authorization to Contact You

      By using our Services, you authorize us and our agents, representatives and independent contractors to contact you at any email address or telephone number (including telephone numbers associated with mobile, cellular, wireless or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including calls or text messages using an automatic telephone dialing system or prerecorded messages, even if you incur charges for receiving such communications.

    10. Application and API Terms

      Applications and APIs. Any application(s) and API(s) made available by us (collectively, the “Apps”) are licensed, not sold, to you. Your license to the Apps is subject to your prior acceptance of these Terms and you agree that these Terms will apply to the Apps that you license. Your license to any Apps under these Terms is granted by us. Any App that is subject to the license granted under these Terms is referred to herein as a “Licensed Application”. We reserve all rights in and to any Licensed Applications not expressly granted to you under these Terms.

Scope of License. The license granted to you for any Licensed Application is a limited, non-exclusive and nontransferable license to (i) download, install and use the Licensed Application for your personal, non-commercial use on a single, compatible device that you own or control (“Device”), as permitted by these Terms and subject to any additional rules and restrictions imposed upon you by third parties, such as rules and restrictions imposed by your Device provider and your application store provider (collectively, “Third-Party Rules”); and (ii) access, stream, download and use on your Device the Content and our Services made available in or otherwise accessible through the Licensed Applications, strictly in accordance with these Terms. For the avoidance of doubt, this license does not allow you to use any Licensed Application on any Device that you do not own or control, and you may not distribute or make any Licensed Application available over a network where it could be used by multiple devices at the same time.

You may not rent, lease, lend, sell, transfer, redistribute or sublicense any Licensed Application and, if you sell or otherwise transfer your Device to a third party, you must remove each Licensed Application from the Device before doing so. You may not copy (except as expressly permitted by this license and the Third-Party Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of any Licensed Application, any Updates (as defined below), or any part of any Licensed Application or Update (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included in the Licensed Applications). Any attempt to do so is a violation of our rights and the rights of our licensors. You may not abuse or make excessive requests to us via any licensed API, as determined by us in our sole discretion, and your doing so may result in the temporary or permanent suspension of your access to the API. If you breach any of these restrictions, you may be subject to prosecution and damages.

The terms of this license will govern any Updates, unless such Update is accompanied by a separate license in which case the terms of that license will govern.

Termination. This license to use these Licensed Applications is effective until terminated by you or us. You may terminate this license by deleting the Licensed Application and all copies of such Licensed Application from your Device. We may terminate this license at any time for any or no reason without notice. Additionally, this license will terminate automatically without notice from us if you fail to comply with any term of these Terms. Upon termination of this license, you will cease all use of such Licensed Application and destroy all copies, full or partial, of such Licensed Application. Any termination of this license will not limit any of our rights or remedies available at law or in equity. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to any Licensed Application (or any part thereof) with or without notice.

Consent to Use of Data. You acknowledge that, when you download, install or use any Licensed Application, we may collect and use (i) automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Licensed Application; and (ii) technical data and related information that is gathered periodically to facilitate the provision of Updates, product support and other services to you (if any) related to the Licensed Application. We may use this information to improve our Services or to provide other products, services or technologies to you and as otherwise set forth in our Privacy Policy.

Updates. We may, from time to time in our sole discretion, develop and provide Licensed Application updates, which may include upgrades, bug fixes, patches and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. However, to the extent we provide any Updates, you must promptly download and install all Updates. You acknowledge and agree that the Licensed Application or portions of such Licensed Application may not properly operate should you fail to do so.

Mobile Services. Aspects of our Services may include access and other capabilities in connection with or otherwise relating to your mobile device (collectively, “Mobile Services”). By using our Mobile Services, you:

    • acknowledge that these Terms are between you and us and not with Apple, Inc., Google, Inc. or any other third-party;
    • agree not to use or manipulate our Mobile Services on your mobile device while driving or operating any other heavy machinery;
    • acknowledge that certain parts of our Mobile Services may require phone service, data access or text messaging capability. Except as otherwise noted, carrier rates for phone, data and text messaging will apply;
    • acknowledge that we may, from time to time in our sole discretion, change, suspend, remove or disable access to content or other materials comprising part of our Mobile Services at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use or access of certain features or portions of our Mobile Services, in any case without notice or liability.
  1. Linking to our Services and Social Media Features

    You may link to our Services (as applicable), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.

    Additionally, our Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content available on our Services; send e-mails or other communications with certain content, or links to certain content available on our Services; or cause limited portions of content on available on our Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

    • Establish a link from any website that is not owned by you;
    • Cause our Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any website; or
    • Otherwise take any action with respect to the materials on available on our Services that is inconsistent with any other provision of these Terms.

    Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You will cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

  2. Export Regulation

    Our Services (including any Content and Licensed Application) may be subject to United States export control laws, including the US Export Administration Act and its associated rules, restrictions and regulations. You must not, directly or indirectly, export, re-export or release any of our Services to, or make any of our accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You must comply with all applicable laws, restrictions, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making any of our Services available outside of the United States.

  3. International Users

    Our Services are controlled, operated and administered by us from our offices within the United States of America. We make no representations that our Services are permissible, appropriate or available for use in other jurisdictions. If you access any of our Services from a location outside the United States, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). You must not use our Services or any Content in a manner prohibited by any applicable state, federal, international or local laws, rules, restrictions or regulations.

  4. Copyright Infringement

    We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law, and reserve the right to terminate the accounts of repeat infringers.

    Notification. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from our Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), your written notice (the “DMCA Notice”) must include substantially the following:

    • Your physical or electronic signature;
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Services, a representative list of such works;
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
    • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
    • A statement that the information in the written notice is accurate; and
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Additionally, please be aware that, if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Counter Notification Procedures. If you believe that material you posted on our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, a Counter-Notice must include substantially the following:

    • Your physical or electronic signature;
    • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
    • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
    • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided our Services with the complaint at issue.

    The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

    Copyright Agent. Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is:

    Allocable | Legal Department
    319 Clematis Street, Suite 500, West Palm Beach, FL 33401
    (561) 714-7926, legal@allocable.com
  5. Your Indemnification of Us

    You will defend, indemnify and hold us and our officers, directors, members, managers, shareholders, employees, independent contractors, agents and representatives harmless from and against all claims and expenses, including attorneys’ fees, arising out of or attributable to: (i) any breach or violation of these Terms by you or your representatives; (ii) your failure to provide accurate, complete and current Your Information requested or required by us; (iii) your access or use of our Services or the Content; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (for example, User Generated Content and Your Content); or (vi) any personal injury, property damage or emotional distress caused by you.

  6. We Make No Representations and Warranties Regarding our Services or the Content

    Your use of our Services (including any Mobile Services and any Licensed Applications), the Content and all information, content, materials, products and services is at your sole risk. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of our Services, the Content and all information, content, materials, products and services. Our Services, the Content and all information, content, materials, products and services included on or associates with our Services are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Services (including any Mobile Services and any Licensed Applications), the Content or the information, content, materials, products or services included on or associated with our Services, including their accuracy, correctness, completeness, safety, reliability, title, timeliness, non-infringement, merchantability, conformity or fitness for a particular purpose.

    Without limiting the foregoing, you acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our control. We make no representation, warranty, or guarantee that our Services or the Content that may be available for downloading from our Services is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, device, data, programs or other equipment or material due to your use of our Services or items obtained through our Services or to your downloading of any material posted on our Services or any links to our Services.

    The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

  7. Limitation of Liability

    IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER AS A RESULT, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OF A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT INCLUDE DAMAGES FOR ANY PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, INJURIES TO PROPERTY AND LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF ANY TERM OR CONDITION OF THESE TERMS; (II) YOUR ACCESS AND USE OF OUR SERVICES (INCLUDING ANY MOBILE SERVICES OR LICENSED APPLICATIONS), OR THE CONTENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OR USE OF ANY OF THE CONTENT, THE COLLECTIVE WORK OR CONTENT; (V) YOUR RELIANCE UPON OR USE OF OUR SERVICES, THE CONTENT, OR THE COLLECTIVE WORK; (VI) ANY THIRD PARTY’S USE OF OUR SERVICES ON YOUR BEHALF; (VII) THE BREACH OF OUR SECURITY AND UNAUTHORIZED DISCLOSURE OF YOUR INFORMATION; OR (VIII) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED ON OR THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, EVEN IF WE OR OUR AGENTS, REPRESENTATIVES, LICENSORS, VENDORS, SUPPLIERS OR ANY OTHER APPLICABLE THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR TOTAL AGGREGATE LIABILITY AND THE LIABILITY OF OUR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES AND AGENTS ARISING OUT OF THESE TERMS WILL NOT EXCEED $100.

    YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES OF ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON USER CONTENT, INCLUDING DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR EMOTIONAL DISTRESS, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH ACTIONS OR INACTIONS RESTS ENTIRELY WITH YOU.

    YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

    In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this “Limitations on Our Liability” section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

  8. Our Remedies

    You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the exclusive jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. We may effect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.

  9. Legal Disputes

    You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of these Terms or your use of or access to our Services will be resolved in accordance with the provisions set forth in this “Legal Disputes” section. Please read this “Legal Disputes” section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

    Applicable Law. These Terms are governed by and construed in accordance with the internal laws of the State of Florida, without regard to conflicts of law principles. You agree that our Services shall be deemed: (i) based solely in the State of Florida; and (ii) passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.

    Agreement to Arbitrate. Any civil action, claim, dispute or proceeding arising out of or relating to this or any previous version of these Terms, your use of or access to our Services or any products or services sold, offered or purchased on or through our Services, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms by you as provided above, will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court.

    Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms as a court would.

    The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, and to arbitrate any part of these Terms, including any claim that all or any part of this section or these Terms is void or voidable.

    The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Palm Beach County, Florida, under the AAA’s rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.

    You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

    The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Palm Beach County, Florida.

    Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

    THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING OUR SERVICES, YOU CONSENT TO THESE RESTRICTIONS.

    Judicial Forum for Legal Disputes. Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Palm Beach County, Florida. You and we will submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes.

  10. Miscellaneous

    If any provision of these Terms is contrary to, prohibited by or deemed invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of these Terms will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.

    For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and the word “or” is not exclusive. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and will not limit or otherwise affect in any way the meaning or interpretation of these Terms.

    All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, will survive your acceptance of these Terms and the termination of these Terms.

    No failure to exercise, and no delay in exercising, any right or any power set forth in these Terms by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under these Terms by us preclude further exercise of that or any other right or power under these Terms.

    We may update, amend or change these Terms from time to time in our sole discretion and without notice. Amendments will take effect immediately upon us posting such updates on our Services. We encourage you to periodically check these Terms for changes, as your continued access and use of our Services following the posting of any changes will automatically be deemed your acceptance of all changes. If you do not agree to any change to these Terms, you must discontinue using our Services. These Terms replace all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives or any other third parties.

    We may give, assign or transfer our rights or obligations under these Terms to any person or entity at any time with or without your consent. You may not give, assign or transfer your rights or obligations under these Terms to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign your rights or obligations under these Terms without our consent will be void.

    We will not be liable for any changes, delays, failures or problems out of our control, including any changes, delays, failures or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor or materials and other similar events.

    You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

    These Terms (together, with any documents they expressly incorporate by reference, including our Privacy Policy) represent the entire understanding and agreement between you and us regarding the subject matter of these Terms, and supersede all other previous agreements, understandings or representations regarding these Terms.

    If you have questions, comments, concerns or feedback regarding these Terms or our Services, please contact us via email at: legal@allocable.com

Mountain View

About

Allocable is a cloud-based automated time tracking and business intelligence (BI) software platform that provides  a complete visualization of your workforce and project productivity data empowering you to turn information into actionable insight to optimize and forecast performance with more certainty.

Headquarters

Allocable
319 Clematis St. Suite, #508
West Palm Beach, FL 33401
social@allocable.com
+650-503-3577

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