Terms of Use

Welcome to the web site of afteraction.com, owned and operated by Graham Software Development, LLC  (the “Company”). All users of the After Action service, whether accessed through the web site or a mobile device (the “Service”) are subject to the following terms and conditions of use (these “Terms of Use”).

Please read the following Terms of Use carefully because they will apply to your access to and use of the Service, and constitute a legally binding agreement between you and the Company. If you do not accept these Terms of Use, you will not be able to use the Service. If you download the application, your use of the application will also be subject to the application’s end user agreement. Please note that you may not use the Service and may not accept these Terms of Use if you are a person barred from using the Service under the laws of the United States.

The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to the Service.  Your continued use of the Service means that you accept and agree to the revised Terms of Use.  If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Service, your sole and exclusive remedy is to discontinue using the Service. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY ACCESSING THE TERMS OF USE THROUGH THE WEB SITE OR MOBILE APPLICATION.

1. INTRODUCTION TO THE SERVICE

In order to register and use the Service, you must be invited by your team’s coach, manager or other organizer of the team (collectively, the “Manager”). You agree to provide true, accurate, current and complete information during the registration process for your account and to keep the information current.  The Manager will decide what permissions you have on the Service, such as whom you may write a review about. The Manager will be able to view all surveys you respond to, reviews that you write, and other data/content you submit. The Manager has discretion over whether to share such data and content with other individuals.

2. USE OF THE SERVICE

You agree not to upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner. You may not misrepresent an affiliation with, or otherwise impersonate, any person. You understand and acknowledge that you are responsible for whatever content you submit, including its legality, reliability and appropriateness. You grant the Company the right to use all content you upload or otherwise transmit to the Service in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, or modifying it, incorporating it into other material or making a derivative work based on it.

The Company can neither review all material before it is posted on the Service nor ensure prompt removal of objectionable material after it has been posted.  Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Notwithstanding the foregoing, the Company reserves the right (but has no obligation) to review and edit or remove content submitted through the Service.

3. FREE AND PREMIUM SERVICES

The Service may include free and premium services. To the extent premium services are available, the description thereof and financial terms will be posted on the Service. These services and the costs associated therewith may change from time-to-time except as set forth at the time of purchase. Currently, the Manager is solely responsible for selecting which services will be available to team users and the Manager is solely responsible for all costs relating to the team’s use of the Service. If the Manager does not elect to purchase premium services, or subsequently ceases paying for them, such services will not be available to the Manager or team users.

4. TERMINATION OR RESTRICTION OF ACCESS

The Company reserves the right, in its sole discretion, to terminate your access to any or all of the Service or any portion thereof at any time, without notice. Upon termination, you shall cease to use the Service in its entirety.  The Company may terminate your right to access the Service without any refund obligation or other liability if you fail to comply with these Terms of Use.

In addition, your access to the Service may be terminated by the Manager at the Manager’s sole option or if the Manager closes out the applicable team account.

5. COPYRIGHT RESTRICTIONS/USE OF CONTENT

The Service, including all information, materials, software, text, displays, images, video and audio (collectively, the “Content”) are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.  You are authorized to use the Content only through the means provided by the Company and only for use related to your role as a current or prospective customer of the Company. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Content without the prior written consent of the Company, except to: (a) store copies of the Content temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages from the Service; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor any intellectual property rights to any Content or related information are transferred to you, but remain with the Company or the applicable owner of such content.  Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (1) any part of the Service; (2) access to the Service; or (3) use of the Service.

You may not (and may not authorize any party to) (i) co-brand the Service, or (ii) frame the Service or any web page related thereto without the express prior written permission of an authorized representative of the Company.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Service or content accessible within the Service.  You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

6. TRADEMARKS AND PROPRIETARY INFORMATION

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates.  You may not use such marks without the prior written permission of the Company.  All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provides trademarks, service marks, logos, and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing on the Service.  All rights are reserved. By using the Service, you grant the Company a non-exclusive right to display your team’s logo (or institution’s logo as the case may be) on the Company’s website or other marketing materials.

7. DISCLAIMER

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL CONTENT HEREIN IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (I) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

8. LIABILITY OF THE COMPANY AND ITS LICENSORS

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS OR THIRD PARTY VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, THE CONTENT, ANY OTHER SERVICES PROVIDED, WHETHER BY THE COMPANY OR A THIRD PARTY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE OR THE CONTENT SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE GIVING RISE TO THE CLAIM.

9. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Service or the delivery of services or information through the Service (collectively, “Indemnified Parties”), from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from or through the Service.

If you are a Manager, you agree to indemnify the Indemnified Parties from any claim arising from your use or disclosure of any information obtained through the Service.

10. PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY

The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy, which is incorporated by reference into these Terms of Use.

Any passwords used for the Service are for individual use only. You will be responsible for the security of your password.

You are prohibited from using any services or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents.

The Company reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing the Company to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

11. COMMENTS AND SUBMISSIONS

The Company welcomes your comments.  All comments, suggestions or other information sent by you to the Company or its advertisers or partners will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company. The Company has the right to use any such ideas in its products or services without any compensation to you. You understand that all information you submit is non-confidential for all purposes.

12. THIRD PARTY LINKS

The Service may link to other web sites which are not maintained by or related to the Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Company, and the Company has not reviewed any or all of such web sites and is not responsible for the content of those web sites. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, web sites framed within the Service or third party advertisements, and does not make any representations regarding their quality, content or accuracy. The Company makes no representations or warranties as to the security of any third party web site and your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

You acknowledge and agree that the Company has no responsibility or liability for the availability of such external services or web sites.

13. COMPLIANCE

The owner of the Service is based in the Commonwealth of Pennsylvania, USA.  The Company makes no representation that materials available on or through the Service are appropriate or available for use in other locations.  If you access the Service from other locations, you are responsible for complying with local laws.

14. MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Service shall be in the state or federal courts located in or near Philadelphia, Pennsylvania.  You agree to submit to the jurisdiction of such courts.

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Service. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties.  The other provisions of these Terms of Use shall remain in full force and effect.

The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision.  Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Service.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on the Service will govern the items to which they pertain.

The Company may revise these Terms of Use at any time by updating this posting.  Such revised Term of Use will apply to the use of the Service after they are posted. These Terms of Use were last updated on 08/08/2014.